CSPA
Russian River
Brutocao Vinyards, Applicant Application Nos. 29760 and 30656
Subject: Russian River Again
Date: Thu, 09 Apr 1998 22:49:17 +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
Brutocao Vinyards, Applicant
Application Nos. 29760 and 30656
Applications to Appropriate Water
Russian River, Two Unnamed Tributaries to Dooley Creek and Unnamed
Tributary to Russian River - 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 April
3, 1998 regarding Applications 29760 and 30656. We reference the public
notice of April 3, 1998.
DESCRIPTION OF PROJECT
Applications 29760 and 30656
We have reviewed the description of the project in the Division's
notice of April 3, 1998.
The applicant proposes to pump water directly from the Russian River,
two unnamed tributaries to Dooley Creek and an unnamed stream tributary
to the Russian River and to store water in five (5) reservoirs to
provide water for the operation of a 328-acre vineyard.
Under Application 29760, the applicant proposes to divert water from:
Russian River, two unnamed stream tributaries to Dooley Creek and an
unnamed stream tributary to the Russian River as follows:
The total amount of water applied for is 2.95 cfs by direct diversion
and 158 acre-feet of water for storage. The total amount of water
applied for is 543 acre-feet.
Water will be used for irrigation and fire protection by direct
diversion from the periods April 15 to June 30 and November 1 to
November 15.
Water will also be used for irrigation, frost protection, heat control,
and fire protection by storage from the periods November 1 to June 30
(storage from main stem Russian River) and December 15 to March 31
(storage from other tributaries).
Under Application 30656, the applicant proposes to divert water from:
Russian River, two unnamed stream tributaries to Dooley Creek and an
unnamed stream tributary to the Russian River as follows:
The total amount of water applied for is 5.57 cfs per annum by direct
diversion. The total amount of water applied for is 573 acre-feet.
Water will be used for irrigation and fire protection by direct
diversion from the periods April 15 to June 30 and November 1 to
November 15.
Water will also be used for frost protection only from the periods
March 1 to May 15 (from main stem Russian River) and March 1 to March 13
(from other tributaries).
The total amount of water applied under Application Nos. 29760 and
30656 is 1,116 acre-feet.
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 29760 and 30656, if the permits are approved by
the SWRCB.
2. The proposed permits should contain mandatory daily streamflow
requirements below all points of diversion under Applications 29760 and
30656 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. (Emphasis Added)
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 29760 and 30656, if the permits are
approved by the SWRCB.
4. The proposed permits should contain mandatory daily streamflow
requirements below all points of diversion under Application 29760 and
30656 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. (Emphasis Added)
5. Water quality in the Russian River to be affected by the proposed
project should be sufficient below all points of diversion under
Applications 29760 and 30656 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. (Emphasis Added)
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 29760 and 30656 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. Fish and aquatic species may have already have been diverted into the
four (4) existing reservoirs, and could be diverted into the proposed
reservoir. The applicant should be required by the SWRCB to maintain
minimum pool levels at the five reservoirs to protect fish and aquatic
species entrained in the four existing reservoirs, and also entrained in
the proposed reservoir.
8. The four existing reservoirs and the proposed reservoir may sustain
fish species. Fish are the property of the people of the state of
California.
Pursuant to Section 781 of the California Code of Regulations, Title
23, the applicant should required by the SWRCB to allow public access to
the waters of all reservoirs for the purposes of fishing.
9. The applicant should be required by the SWRCB to screen the
diversions to prevent fish such as threatened Coho Salmon and threatened
Steelhead Trout (all life stages) from being entrained in the diversions
and harmed.
10. The four existing reservoirs and the proposed reservoir may be
in-stream reservoirs. In the event the reservoirs are in-stream
reservoirs, and that Coho Salmon and Steelhead Trout are blocked from
upstream migration, the applicant should be required by the SWRCB to
install and maintain fish ladders at the dams.
11. The applicant should be required by the SWRCB to install and
maintain measuring devices which measures the amount of water bypassed
below all points of diversion, and also measure the amount of water
pumped for use to ensure compliance.
12. There are four existing reservoirs associated with the proposed
project. The public notice did not clarify whether the four reservoirs
have water rights to store and divert the state's water. In the event
the applicant does not have water rights to store and divert the state's
water to and from the four existing reservoirs, the SWRCB should take
enforcement action pursuant to Section 1052 of the California Water Code
and require the applicant to cease diverting the state's water.
13. Water diversions in the Russian River watershed are highly
controversial among the public. Consequently, these applications should
be treated accordingly.
14. Because of the potential adverse direct, indirect, and cumulative
impacts to threatened Coho Salmon and threatened Steelhead Trout and
their habitat, and other species and their habitat, including the
beneficial uses of the state's water, resulting from the proposed
project, the SWRCB should prepare an Environmental Impact Report
pursuant the requirements of the California Environmental Quality Act
and its Guidelines.
The CSPA Public Trust Protest is Based on the Following:
15. 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 conditions, in which are
agreeable to the CSPA.
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 7, 1998
cc: Andy Chu, Application Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Brutocao Vinyards, Applicant
c/o James C. Hanson Consulting Civil Engineer
444 North Third Street, Suite 400
Sacramento, CA 95814
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