State of California
Before the State Water Resources Control Board
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Scharffenberger Cellars, Applicant
Water Right Application Nos. 29679 and 29680
Navarro River, County of Mendocino
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Protest by California Sportfishing Protection Alliance
We the California Sportfishing Protection Alliance (hereinafter known as "CSPA") of P.O. Box 357, Quincy, CA 95971, c/o Bob Baiocchi, Executive Director, CSPA, have carefully read a copy of, or a notice relative to the above mentioned applications for water rights by Scharffenberger Cellars.
Under Application No. 29679, the applicant proposes to construct three (3) offstream earthen reservoirs to be known as Philo #1, Philo #2, and Philo #3. Philo # 1 and #2 will each have a 50 acre-foot capacity with a surface area of approximately 4 acres each. Philo #3 will have a 80 acre-foot capacity with a surface area of approximately 4 acres. Water will be diverted to the reservoirs by gravity flow from an unnamed stream via a proposed 12-inch pipeline 2900 feet in length. Water collected to storage in all three reservoirs will be used for irrigation and frost protection of 200 acre of grapes. The maximum rate of diversion to offstream storage will be 4 cfs. The water to be appropriated is from an unnamed stream tributary to the Navarro River. The Navarro River flows into the Pacific Ocean. The amount of water applied for is 180 acre-feet annually from October 1 to March 31 for irrigation, and from October 1 to March 1 for frost protection.
Under Application No. 29680, the applicant proposes to utilize the same facilities as for Application No. 29679, and proposes to divert 3 cfs by gravity flow from the unnamed stream for frost protection of the 200 acres of grapes for the period from March 1 to March 31 annually.
We desire to protest against the approval of said petitions because to the best of our knowledge and belief the applicant's proposed diversion on the unnamed tributary may have potential adverse cumulative impacts to the anadromous fisheries and their habitat of the Navarro River, and may also have adverse impacts to aquatic resources and riparian habitat in the unnamed stream and the Navarro River.
Facts which support the foregoing allegations are as follows:
The Navarro River sustains important and valuable public trust anadromous fish populations and habitat, including other fish species and habitat, aquatic resources and riparian habitat. The application's water right applications may have potential direct, indirect and cumulative impacts to the public trust anadromous fisheries and habitat, aquatic resources and riparian habitat assets of the Navarro River watershed.
There are a number of existing diversions which affect the public trust fishery and aquatic assets of the Navarro River. There is also a number of water right applications before the State Water Board at this time which may affect the public trust fishery and aquatic assets of the Navarro River watershed.
The water right applications may have potential adverse cumulative impacts to the public trust fishery and aquatic assets of the Navarro River watershed.
This protest is based on all applicable state statutes, regulations and rules, including the Public Trust Doctrine, Clean Water Act, Section 5937 of the California Fish and Game Code, Article X, Section 2 of the State Constitution, Section 275 of the Water Code and the California Environmental Quality Act and its Guidelines.
Under what conditions may this protest be disregarded and dismissed?
None at this time. We are requesting the State Water Board require the applicant to prepare a cumulative impact analysis of the Navarro River watershed. Further we believe the applicant should also be required to prepare an EIR for said water right applications.
A true copy of this protest has been served upon the petitioner and other interested parties by first class mail.
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Robert J. Baiocchi, Executive Director, CSPA
P.O. Box 357
Quincy, CA 95971
Date: October 18, 1991
Certificate of Service
Mr. Edward Anton, Chief
Division of Water Rights and Water Quality
Division of Water Rights
State Water Resources Control Board
Mr. John Turner, Chief, Environmental Services
California Department of Fish and Game
Mr. Jim Crenshaw, President, CSPA
Sacramento, California
Mr. Bill Jennings, Chairman, CSPA
CSPA Delta Office
Stockton, California
Scharffenberger Cellars
c/o Napa Valley Vineyard Engineering, Inc.
176 Main Street, Suite B
St. Helena, CA 94574
Interested Parties
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Robert J. Baiocchi, Executive Director, CSPA
Date: October 18, 1991