State of California
Before the State Water Resources Control Board
_____________________________________________
Half Moon Bay Heritage Company, Ltd., Petitioner
Water Rights Permit No. 17813 and Licensed
Applications 25463, 25464, and 25465
Arroyo Leon tributary to Pilarcito Creek
thence Pacific Ocean
San Mateo County
Petition for Extension of Time
_____________________________________________
Public Trust 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 petition for extension of time.
According to the Division's Notice, the proposed project is under new ownership. The petitioner is proposing to construction a new reservoir. Water will be pumped from an existing 10 acre-foot regulatory reservoir located on Arroyo Leon to to a proposed offstream storage reservoir located on an unnamed stream. The proposed reservoir will consist of a 23 foot-high earthfill dam, forming a 49 acre-foot reservoir that will be used for diversion and rediversion of water downstream to the place of use. Companion water rights are licensed Applications 25463, 25464, and 25465.
Under the petition, the offstream storage rate is one (1) cfs, the storage capacity is 49 acre-feet, the storage season if from December 1 to April 30, the maximum annual use is 49 acre-feet and the purposes of use are fire protection, stockwatering and irrigation.
The petition is for an extension of time to obtain the necessary governmental permits for construction of a 49 acre-foot reservoir and to develop full beneficial use of water authorized under under 17813. Permit 17813 was issued on February 1, 1980. Permit 17813 is due to expire on December 31, 1992 if the water is not put to beneficial use by that date.
The petitioner is evaluating the feasibility of developing the property within the permitted and licensed place of use to include residential sites, a hotel and a golf course. Consequently the petitioner seeks to add domestic and recreation use to the permit and licenses for future use, however, under said petition, the purposes of use as noticed by the Division are fire protection, stockwatering and irrigation.
We desire to protest against the approval of said petition because to the best of our knowledge and belief the petitioner's use of the waters of Arroyo Leon and Pilarcito Creek, and other existing diversions, will have potential adverse direct and cumulative impacts to steelhead trout populations and their habitat, other fish species and their habitat, aquatic populations and habitat, riparian habitat, water quality (water temperatures) and water quantity. The proposed offstream storage reservoir may have potential impacts to wildlife populations and their habitat, sensitive, threatened and endangered species and their habitat, including sensitive, threatened and endangered plant species. (Emphasis Added)
Facts which support the foregoing allegations are as follows:
1. Arroyo Leon and Pilarcito Creek sustain steelhead trout populations and their habitat, other fish species and their habitat, aquatic populations and their habitat, and riparian habitat.. The quantity of flows to be used for project purposes has the potential to have adverse impacts to the above mentioned species and their habitat. The offstream storage reservoir may have potential impacts to wildlife populations and their habitat, sensitive, threatened and endangered species and their habitat, including sensitive, threatened and endangered plant species.
2. The petitioner has not put the water permitted under Permit 17813 to full beneficial use. The CSPA questions why the Division of Water Rights approved and noticed said petition. The CSPA believes after a five year period, the water not put to full beneficial use should revert back to the public.
This protest is based on all applicable state statutes, regulations and rules, including the Public Trust Doctrine, Section 5937 of the California Fish and Game Code, Article X, Section 2 of the State Constitution, California Water Code, and the California Environmental Quality Act.
Under what conditions may this protest be disregarded and dismissed?
1. The petitioner must be required by the State Water Board to prepare an Environmental Impact Report for said petition and said project in accordance with the California Environmental Quality Act and its guidelines. The State Water Board must be the responsibility agency.
2. The petitioner must be required by the State Water Board to prepare a cumulative impact analysis which evaluates the cumulative impacts from Permit 17813, licensed applications 25463, 25464, and 25465 and other diversions on Arroyo Leon and Pilarcito Creek to: (a) steelhead trout populations and their habitat, (b) other fish species and their habitat, (c) aquatic populations and habitat, (d) riparian habitat, (e) sensitive, threatened and endangered wildlife species and their habitat, (f) sensitive, threatened and endangered plant species, and (g) water temperature impacts affecting cold water species and their habitat Said cumulative analysis must be included in an Environmental Impact Report.
3. The petitioner must prepare a fishery study to determine the amount of water necessary to be maintained at all times to protect the fishery resources in Arroyo Leon and Pilarcito Creek. Said fishery study must be include in the EIR for the project.
4. The CSPA request a timely copy of the NOP so that it can submit scoping comments to the lead and responsibile agencies.
5. The CSPA request a timely copy of the draft EIR so that it may submit comments to the lead and responsibile agencies.
6. The CSPA request a timely copy of the final EIR from either the lead or responsibile agencies.
7. Upon review of the final EIR for the project and subject petition, the CSPA may dismiss its protest or request a hearing before the State Water Board.
8. In the event the petition is not approved by the State Water Board by December 31, 1992, the State Water Board must cancel permit 17813 and require the petitioner to file an application for a new water right.
A true copy of this protest has been served upon the petitioner and other interested parties by first class mail.
___________________________________________
Robert J. Baiocchi, Executive Director, CSPA
P.O. Box 357
Quincy, CA 95971
Office Tel: 916-283-3767
Date: September 28, 1992
Certificate of Service
Mr. Ralph Gunby
Mr. Mike Falkenstein
Mr. Steve Herrera
Division of Water Rights
State Water Resources Control Board
Ms. Cindy Chadwick, Environmental Services
California Department of Fish and Game
Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
Mr. Michael Jackson, Counsel
California Sportfishing Protection Alliance
Half Moon Bay Heritage Company, Ltd.
c/o John T. Walthier
Carr, McClellan, Ingersoil, Thompson & Howe
216 Park Road, P.O. Box 513
Burlingame, CA 94011-0513
Interested Parties