State of California
Before the State Water Resources Control Board
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City of San Luis Obispo, Petitioner and Permittee
Permit No. 5882 (Application 10216)
Salinas River tributary to Pacific Ocean
Permit No. 11390 (Application No. 17114)
Old Creek tributary to Pacific Ocean
San Luis Obispo County
Petitions for Extension of Time
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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 petitions for extension of time of the City of San Luis Obispo.
Under Permit No. 5882, additional time is requested by the petitioner to develop design studies for modifying the dam's spillway and gate that will provide for enlargement of the existing Salinas Reservoir capacity. Also more time is needed to develop full beneficial use of water authorized under this permit.
Under Permit No. 5882, the Petitioner has a water right permit to divert by direct diversion 12.4 cfs from the Salinas River from January 1 to December 31 annually. The storage collection season is from November 1 to June 30, with a storage capacity of 45,000 acre-feet. The water is used for municipal, and incidental power generation.
Water is diverted from the Salinas River behind a concrete dam in the onstream Salinas Reservoir (aka Santa Margarita Lake). The dam is owned by the U.S. Corps of Engineers and operated by San Luis Obispo County Flood Control and Water Conservation District. The stored water may be piped either to a small power facility for the generation of incidental hydro power and then piped to the City's water treatment plant for regulatory storage and distribution to 41,000 people via 12,305 service connections. Companion water rights relate to Application No. 17114.
Under Permit No. 17114, the Petitioner has requested additional time to develop full beneficial use of the water authorized under this permit.
Under Permit No, 17114, the Petitioner has a water right permit to divert 16 cfs from Old Creek from January 1 to December 31 annually. The storage collection season is from November 1 to June 30 for storage of 22,040 acre-feet at Whale Rock Reservoir. Water is used for municipal purposes.
Water is collected to storage in Whale Rock Reservoir which has a capacity of 40,000 acre-feet. The water is conveyed by conduit to the City of San Luis Obispo and vicinity through facilities operated by the City. The water is used for municipal purposes by 41,000 people via 12,305 service connections. The remainder of the water stored in the reservoir is covered under License No. 11785 and Permit No. 11392 (Application Nos. 10216, 17115 and 17116.
We desire to protest against the approval of said petitions because to the best of our knowledge and belief the petitioner's water right permit on the Salinas River may have a potential adverse direct, indirect and cumulative impact on fish population and habitat, and on aquatic resources and riparian habitat in the Salinas River, and the petitioner's water right permit on Old Creek did impede and extinguish the former steelhead trout run.
Facts which support the foregoing allegations are as follows:
1. The Salinas River sustains important and valuable public trust steelhead trout, resident fish species, aquatic species, bird and wildlife species, riparian habitat, other plant species and their habitat. Water Right Permit No. 5882 may be having potential direct, indirect and cumulative impacts to the public trust assets of the Salinas River.
Permit No. 5882 was issued by the Board on October 9, 1941. It is highly unlikely the permit contains terms and conditions which protect the public trust fish and wildlife assets of the Salinas River. i.e. mandatory daily fish bypass flow requirements.
The Board should amend Permit No. 5882 and order terms and conditions which protect the fish and wildlife resources affected by the diversion and storage of water.
2. Old Creek did sustain an important and valuable public trust steelhead trout fishery. The diversion dam operated under water right permit No. 17114 did impede the former steelhead runs into Old Creek and did eliminate the steelhead run. Steelhead trout species are now extinct in this stream.
Permit No. 17114 was issued by the Board on June 16, 1958. The permit did not contain terms and conditions which would have prevented the extinction of the former steelhead run. i.e. mandatory daily fish bypass flow requirements and a fish ladder or a method to transport the steelhead to their historical spawning grounds.
The Board should amend Permit No. 17114 and order the Petitioner to prepare a "steelhead trout restoration plan" which will restore the former steelhead trout fishery of Old Creek. Steelhead trout are a public trust asset. The Board and the Petitioner did not have the right to arbitrarily extinguish the publc trust assets of Old Creek.
3. Under Permit No. 5882 the petitioner is developing design studies to enlarge the Salinas Reservoir. The reservoir is an onstream storage reservoir. The additional storage of water at the reservoir may have potential adverse direct, indirect and cumulative impacts to the fish and wildlife resources in the Salinas River and at the reservoir.
The Board should require the petitioner to file a new water right application for the enlargement of Salinas Reservoir. The petitioner should also be required to prepare an EIR for said enlargement project in conjunction with the filing of a new water right application.
4. Under Permit No. 5882 the petitioner has not put the permitted water to full beneficial use since 1941, a period of 49 years. Under Permit No. 17114 the petitioner has not put the permitted water to full beneficial use since 1958, a period of 32 years.
The permits should be amended by the Board and should be limited to the amount of water put to beneficial use at this time. Considering the Petitioner has not put the water to full beneficial use after 32 to 49 years, a new water right application should be filed by the Petitioner for the use of additional water.
This protest is based on all applicable state statutes, regulations and rules, including the Public Trust Doctrine, Racanelli Decision, 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.
Under what conditions may this protest be disregarded and dismissed?
None at this time.
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: March 25, 1991
Certificate of Service
Mr. Jesse Diaz, Chief
Division of Water Rights and Water Quality
Division of Water Rights
State Water Resources Control Board
Mr. Peter Bontadelli, Director
California Department of Fish and Game
Mr. Brooks Harper
U.S. Fish and Wildlife Service
Laguna Niguel Office
Mr. Jim Crenshaw, President, CSPA
Sacramento, California
Mr. Bill Jennings, Chairman, CSPA
Stockton, California
Mr. Jerry Bliss, CSPA Board
Ventura, California
Mr. Brian Botham
Trout Unlimited
Huntington Beach, California
Mr. William L'Hommedieu
San Lucia Flyfishers
Osos, California
City of San Luis Obispo, Petitioner
City Hall
P.O. Box 8100
San Luis Obispo, CA 93401-8100
Interested Parties
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Robert J. Baiocchi, Executive Director, CSPA
Date: March 25, 1991