State of California
Before the State Water Resources Control Board
U.S. Bureau of Reclamation, Petitioner
Application 5626 et al.
Water Right Permit 12721 et al.
And 12 Other Applications and Permits
Change Petition
Central Valley Project San Felipe Division Facilities
Pajaro Valley Water Management Agency Service Area
County of Santa Cruz
Public Trust Protest
by the California Sportfishing Protection Alliance
The California Sportfishing Protection Alliance (hereinafter known as the "CSPA") hereby protest the above mentioned change petition as follows:
1. The protestant in this matter is the CSPA. The mailing address of the CSPA is P.O. Box 357, Quincy, CA 95971. The agent for the CSPA is Bob Baiocchi, consultant at the same mailing address. Bob Baiocchi's telephone and fax numbers are shown below.
2. The petitioner in this matter is the U.S. Bureau of Reclamation (hereinafter known as "USBR"). The mailing address of the USBR is 2800 Cottage Way. MP-440, Sacramento, CA 95825. The agent for the USBR is not shown in the Division of Water Rights' public notice of March 12, 1997.
3. The CSPA has reviewed the information and data in the public notice of March 12, 1997 for the change petition. We reference said information and data.
4. This protest is based on environmental grounds.
Statement of Facts
5. We reference the information and data in the public notice of March 12, 1997.
6. This change petition is requesting no additional diversion of water from the Bay Delta at this time. However, at some period in the future CVP water will be diverted and rediverted to the Pajaro Valley Water Management Agency Service Area (PVWMA) from the USBR facilities.
7. The CSPA believes the USBR should be required by the SWRCB to file a new water right application for the diversion and rediversion of CVP water to the PVWMA.
8. Under this change petition the USBR is proposing to modify the Central Valley Project authorized place of use to include the PVWMA.
9. The Central Valley Project Improvement Act prohibits the USBR from entering into new CVP water service contracts until an environmenta analysis, Programmatic Environmental Impact Statement (PEIS) is completed. However, as a result of this restriction, the USBR has extended to the Pajaro Valley Water Management Agency Service Area, the opportunity to enter into an interim contract with the USBR until two (2) years after completion of the PEIS.
10. Central Valley Project water will be made available to PVWMA through assignments or interim transfers. Once the PEIS and subsequent environmental documentation is completed and the petition for change in place of use has been approved, PVWMA and the USBR plan to enter into negotiations for a water contract.
11. There is a host of potential direct, indirect, and cumulative impacts to the public trust anadromous and resident fishery resources and other public trust resources which may occur as a result of the proposed water delivery to the PVWMA from the USBR's sources of water and facilities, in river systems, in the Bay Delta, and in the Pajaro River Watershed. i.e. water quality, threatened and endangered species and their habitat, entrainment of fish species,
CVPIA water (normal and dry years), fish passage through the Delta, steelhead trout and their habitat, spring-run chinook salmon and their habitat, winter-run chinook salmon and their habitat, fall-run and late fall-run chinook salmon, aquatic species and their habitat, Cal-Fed process, etc.
The CSPA cannot make specific comments regarding the potential direct, indirect, and cumulative impacts to the public trust anadromous and resident fishery resources and other public trust resources until the CSPA reviews and comments on the environmental analysis and the PEIS.
12. Change petitions are subject to the California Environmental Quality Act and its Guidelines. The water which will be used for the proposed water diversion and rediversion will be associated with water right permits (and applications) under the authority of the SWRCB.
The purpose of the proposed project is to reduce the current overdrafting of the groundwater basin by growers in the Pajaro Valley by providing "new" CVP water. The overdrafting of groundwater has resulted in salt water intrusion into the groundwater basin.
Surface water in the Central Valley rivers and streams of California are very limited. One alternative to the overdrafting of Pajaro Valley by growers could be to fallow lands to reduce the overdrafting of the groundwater basin and reduce and/or prevent salt water intrusion. Another alternative to the overdrafting of Pajaro Valley by growers could be by specific water conservation measures to reduce the overdrafting of the groundwater basin to reduce and/or prevent salt water intrusion. Another alternative could be for the USBC to purchase corp lands, fallow the lands, and develop wetlands for wildlife and other aquatic species.
Once the SWRCB approves the change petition for the place of use, it appears the USBR will not need to file another change petition with the SWRCB to redivert water from the Bay Delta to the PVWMA under the proposed water project.
Recently the CSPA commented on a proposed water transfer between the USBR and the Glenn Colusa Irrigation District (GCID). That transfer involved "surplus pre-1914 water" stored in Shasta Reservoir. That transfer of water was for 20,000 acre-feet of water per year for a six year period outside of the GCID service area. However, because the transferred water was within the USBR place of use, the USBR was not required to file a petition for a long term water transfer with the SWRCB. Consequently, the SWRCB was divorced from the water right process for the proposed transfer.
The CSPA is concerned that under this change petition, once the SWRCB approves the change petition to include the PVWMA service area, the USBR will simply divert and redivert the water without filing a new water right application and/or without filing another change petition and/or without filing a long term water transfer.
The CSPA believes the SWRCB should not give up its authority to regulate the proposed water diversion to the PVWMA and mitigate any adverse impacts to the public trust resources as a result of diverting and rediverting water from points of storage to the point of rediversion in the Bay Delta, and the points of rediversion in the PVWMA.
This matter should be clarified by the SWRCB before the Board finds itself without any authority in this matter. The loss of authority by the SWRCB affects the public who own the public trust resources and the state's water, and the public who are concerned about the use of the state's water. i.e. CSPA.
13. The PVWMA is pursuing other non-CVP water supply sources to alleviate their groundwater problems. Any proposed diversions of water from the Pajaro River watershed has the potential to adversely impact steelhead and their habitat in the Pajaro River watershed. Steelhead are being proposed for listing under the protection of the federal ESA.
The proposed water project has the potential to benefit the steelhead resources of the Pajaro River by exchanging surface water in the Pajaro River for CVP water at the places of use. The Pajaro River steelhead and their habitat have been adversely impacted by water diversions.
14. This protest is based on all applicable state and federal law, and regulations.
Under What Conditions Would This Protest Be Dismissed
The CSPA request the following:
a) Should the change petition be approved by the SWCRB, ot should be approved on the specific condition that the USBR will have to file with the SWRCB either a change petition, and/or a long term water transfer, and/or a new water right application to divert and redivert water from the USBR facilities to the PVWMA.
b) A CEQA document should be prepared for the change petition in accordance with the requirements CEQA and its guidelines.
c) The SWRCB should require the USBR to mitigate all adverse impacts to the public trust resources which are associated with this change petition, and also associated with the rediversion of CVP water to the PVWMA.
d) The USBR should provide the CSPA with a copy of the PEIS and environmental documentation for its review and comment which is associated with the change petition and the proposed rediversion of CVP water to the PVWMD .
e) The CSPA reserves the right to provide additional information and/or to amend this protest if deemed necessary by the staff of the Division of Water Rights or felt necessary by the CSPA.
f) The CSPA request the SWRCB and the USBR place the CSPA on the mailing list for all submittals pertaining to this matter.
g) All parties have been serviced with a copy of this protest. See service list.
Respectfully Submitted
______________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-836-1115 or 916-283-3767 or 916-283-1007; Fax: 916-283-5017 or 916-283-4999
March 28, 1997
Service List
Jerry Johns, Asst. Chief
Division of Water Rights
State Water Resources Control Board
P.O. Box 2000
Sacramento, CA 95812-2000
Robert Been
Petition Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Mike Meinz, Environmental Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
U.S. Bureau of Reclamation
Mid-Pacific Regional Office
2800 Cottage Way - MP-440
Sacramento, CA 95825
David McCabe, General Manager
Pajaro Valley Water Management Agency
145 Westridge Drive
Watsonville, CA 95076
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Ray Cole
California Sportfishing Protection Alliance
2874 Calariva Drive
Stockton, CA 95204
Interested Parties