CSPA
Russian River
Jim D. Nelson, Applicant Application Nos. 29525 and 29526
Subject:
Russian River Again - Steelhead and Coho Salmon
Date: Mon, 06 Apr 1998 00:24:15 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: CSPA Board of Directors via email
State of California
Before the State Water Resources Control Board
Jim D. Nelson, Applicant
Application Nos. 29525 and 29526
Applications to Appropriate Water
Russian River Watershed thence Pacific Ocean
Public Trust Protest
by the California Sportfishing Protection Alliance
We have reviewed the Division of Water Right's public notice of March
27, 1998 regarding Applications 29525 and 29526. We reference the public
notice of March 27, 1998.
DESCRIPTION OF PROJECT
Applications 29525 and 29526
We have reviewed the description of the project in the Division's
notice of March 27, 1998. The applicant proposes to pump water directly
from the Russian River for vineyard operation.
Under Application 29525, a total of 5.6 acre-feet of water pumped at
varying rates, will be diverted during the month of June for irrigation
and heat control purposes. The amount of water applied for is 0.31 cfs
for irrigation and 1.63 cfs for heat control. Under Application 29526,
an additional 24.7 acre-feet of water will be pumped at a rate of 2.9
cfs for frost protection. The applicant has requested to divert water
from March 1 to May 15.
CSPA PUBLIC TRUST PROTEST
This protest is based on environmental grounds. The coho salmon and
steelhead trout of the Russian River and its tributaries have been
adversely impacted by diversions of the state's water. There are about
86 water right applications pending before the State Water Board to
appropriate water from the Russian River Watershed. There are about
1,326 permitted water rights on the Russian River Watershed. There are
also 247 riparian and/or pre-1914 diverters in the Russian River
Watershed.
STATEMENT OF FACTS AND REASONS FOR PUBLIC TRUST PROTEST
1. The Russian River Watershed sustains Coho salmon and their habitat.
Russian River Coho salmon have been listed by the U.S. National Marine
Fisheries Service as threatened under the protection and provisions of
the federal Endangered Species Act.
The applicant and the Division of Water Rights should consult with the
U.S. National Marine Fisheries Service to determine the direct,
indirect, and cumulative effects to Coho salmon and their habitat in the
Russian River watershed resulting from these applications, other pending
water right applications, including existing water right permits and
licenses. The recommendations from the U.S. National Marine Fisheries
Service should be incorporated into the terms and conditions of the
permits for Applications 29525 and 29526, if the permits are approved by
the SWRCB.
2. The proposed permits should contain mandatory daily streamflow
requirements below the point of diversion under Applications 29525 and
29526 to protect Coho salmon, aquatic resources, fish species, and other
beneficial uses of the state's water pursuant to Section 782, California
Code of Regulations, Title 23, and other applicable statues and
regulations.
3. The Russian River Watershed sustains steelhead trout and their
habitat. Russian River steelhead trout have been listed by the U.S.
National Marine Fisheries Service as threatened under the protection and
provisions of the federal Endangered Species Act.
The applicant and the Division of Water Rights should consult with the
U.S. National Marine Fisheries Service to determine the direct,
indirect, and cumulative effects to steelhead trout and their habitat in
the Russian River watershed resulting from these applications, other
pending water right applications, including existing water right permits
and licenses. The recommendations from the U.S. National Marine
Fisheries Service should be incorporated into the terms and conditions
of the permits for Applications 29525 and 29526, if the permits are
approved by the SWRCB.
4. The proposed permits should contain mandatory daily streamflow
requirements below the point of diversion under Application 29525 and
29526 to protect steelhead trout, aquatic resources, fish species, and
other beneficial uses of the state's water pursuant to Section 782,
California Code of Regulations, Title 23, and other applicable statues
and regulations.
5. Water quality in the Russian River to be affected by the proposed
project should be sufficient below the point of diversion under
Applications 29525 and 29526 to maintain and keep in good condition at
all times Coho salmon and steelhead trout (all life stages), and aquatic
resources in the Russian River pursuant to state and federal water
quality statutes and regulations.
6. Should the applications be approved by the SWRCB, the diversion of
the state's water of the Russian River watershed by the applicant should
be limited from December 15 to March 31. No diversion of the state's
water under Applications 29525 and 29526 should be allowed during dry,
and critical dry water years to protect Coho salmon and steehead trout
habitat in the Russian River unless expressly approved by the U.S.
National Marine Fisheries Service.
7. The applicant should be required by the SWRCB to install and maintain
a measuring device which measures the amount of water bypassed below the
point of diversion in the Russian River, and also measure the amount of
water pumped for use to ensure compliance.
8. Water diversions in the Russian River watershed are highly
controversial among the public. Consequently, these applications should
be treated accordingly.
The CSPA Public Trust Protest is Based on the Following:
9. The CSPA public trust protest is based on: (a) Common Law Public
Trust Doctrine; (b) California Water Code; (c) Article X, Section 2 of
the California Constitution; (d) California Environmental Quality Act
and its Guidelines; (e) federal Clean Water Act; (f) federal Endangered
Species Act; and (g) state laws and regulations.
Under what conditions may this public trust protest be disregarded and
dismissed?
1. None at this time, subject to the above mentioned conditions, in
which are agreeable to the CSPA.
2. Before the protest is dismissed, provide me with a copy of the draft
CEQA document for our review and comment.
/
/
/
/
/
/
/
Respectfully Submitted
________________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-836-1115 - Fax: 916-836-2062
e-mail cspa@psln.com
April 5, 1998
cc: Andy Chu, Application Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Jim D. Nelson, Applicant
7321 South Highway 101
Ukiah, CA 95482
Jim Bybee, Supervisor
Chris Mobley, Fisheries Biologist
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404
Mike Sherwood, Esquire
Earthjustice Legal Defense Fund
180 Montgomery Street, Suite 1725
San Francisco, CA 94104-4209
Interested Parties
For further information contact Bob Baiocchi at either 530-836-1115 or
at e-mail address: cspa@psln.com