State of California
Before the State Water Resources Control Board
Water Right Application No. 30458
Portola Improvement Association, Mutual Water Company, Inc., Applicant
Peters Creek Tributary to Pescadero Creek thence Pacific Ocean
Public Trust Protest by
California Sportfishing Protection Alliance
The California Sportfishing Protection Alliance (hereinafter known as "CSPA") hereby files a protest against Water Rights Application No, 30458 for the following reasons:
SWRCB Public Notice
1. The SWRCB's public notice for Application No. 30458 was filed on June 7, 1996. We have reviewed the notice of application to appropriate water under Water Rights Application 30458.
The Proposed Project - WR Application 30458
2. We reference the notice of application to appropriate water under Water Rights Application 30458 under description of the project and application information.
The Standing of CSPA - The New SWRCB Process
3. The SWRCB has improved its process. In keeping with that new process, this protest by the CSPA is also improved to help the SWRCB and its staff in dealing with future CSPA protests and future water right applications. For the records, the CSPA has filed dozens and dozens and dozens of water right protests with the SWRCB over the past several years. Rather then submitting a lengthy protest, the CSPA protest in this matter is short and to the point.
The Environment and the Proposed Project
4. Pescadero Creek sustain southern steelhead trout and their habitat. A petition to list steelhead trout in California under the protection of the federal ESA is before the USNMFS at this time. The CSPA is a party to that petition.
5. The proposed project and other proposed projects before the SWRCB have the potential to adversely impact steelhead trout populations and their habitat in Pescadero Creek.
6. There are a number of pending water right applications before the SWRCB to appropriate water from the Pescadero Creek watershed. Application 30458 is another water right application which will have cumulative impacts to flows and steelhead trout habitat in the Pescadero Creek watershed.
7. Water is limited during dry and critically dry water years. The proposed project and other proposed project before the SWRCB have the potential to have adverse cumulative impacts to steelhead trout populations and their habitat, in dry and critically dry water years, in the Pescadero Creek watershed.
Protest Conditions by CSPA
8. We are requesting the SWRCB to order mandatory daily flow requirements from the point of diversion and storage under this water right application which keeps steelhead trout and their habitat in good condition at all times in all water year types in the Pescadero Creek watershed from all proposed diversions, and also for this diversion. That is reasonable.
9. We are requesting the SWRCB to require the applicant to install and maintain fulltime measuring devices below the points of diversion and storage to measure the daily streamflows and any mandatory flow requirement required by the SWRCB. That is reasonable.
10. We are requesting a copy of the CEQA document (Draft Initial Study and Mitigated Negative Declaration) for our review and comment. That CEQA document should study the cumulative impacts to streamflows and steelhead trout populations and habitat as a result of this diversion and other diversions before the SWRCB.
11. This application is for domestic uses. This application should be given higher priority then other water right applications pending before the SWRCB because of domestic uses, provided the application is for existing uses.
12. We are requesting the opportunity to amend this protest in the event the staff of the SWRCB finds it not acceptable.
13. This public trust protest is based on all applicable state law and regulations.
Respectfully Submitted
_______________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-836-1115 or 916-283-1007; Fax: 916-283-4999
Date: July 3, 1996
Certificate of Service
Portola Improvement Association, Mutual Water Company, Inc.
c/o Stanley S. Skeehan, Agent
210 - 16th Avenue
Santa Cruz, CA 95062
Ed Dito, Program Manager
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Terry Snider
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Ross Swenerton, Environmental Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak avenue, Suite D
Woodland, CA 95695
Bill Jennings, Chairman
California Sportfishing Protection Alliance
3536 Rainier Avenue
Stockton, CA 95204
Ray Cole, CSPA Board
2874 Calariva Drive
Stockton, CA 95204
Tom Hogye, Representative
Santa Cruz Fly Fishermen
6 Canyon Road
Felton, CA 95018
Jerry Mensch, Water Rights
Environmental Services
Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814
Interested Parties