CSPA
Russian River
Frey Vineyards Ltd., Applicant Application No. 30683
Subject: Russian River - Steelhead and Coho Samon
Date: Mon, 06 Apr 1998 00:19:43 +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
Frey Vineyards Ltd., Applicant
Application No. 30683
Application to Appropriate Water
Three Unnamed Stream Tributaries to Russian River 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 Application 30683. We reference the public notice of
March 27, 1998.
DESCRIPTION OF PROJECT
Application 30683
We have reviewed the description of the project in the Division's
notice of March 27, 1998. Briefly, the applicant proposes to store 41
acre-feet of water in three existing and one proposed reservoirs for
irrigation, domestic, stocking watering, recreation, fire protection and
wildlife enhancement purposes, from October 1 to May 30. All reservoirs
are constructed on-stream and have earth-fill dams. Capacities ranging
from 5 to 18 acre-feet. However, the stored water will be used for
domestic, stocking watering, recreation, wildlife enhancement, and fire
protection.
CSPA PUBLIC TRUST PROTEST
This protest is based on environmental and legal water right grounds.
The coho salmon and steelhead trout of the Russian River and its
tributaries have been adversely impacted by authorized (legal) and
unauthorized (illegal) 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 this application, 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
permit for Application 30683, if the permit is approved by the SWRCB.
2. The proposed permit should contain mandatory daily streamflow
requirements below all dams and diversions under Application 30683 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 this application, 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 permit for Application 30683, if the permit is approved by the
SWRCB.
4. The proposed permit should contain mandatory daily streamflow
requirements below all dams and diversions under Application 30683 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 unnamed tributaries to be affected by the
project should be sufficient below all dams and diversions under
Application 30683 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 watershed pursuant to state and federal water
quality statutes and regulations.
6. Based on the information in the notice of March 27, 1998, the
unauthorized use of the state's water may have been made by the
applicant. The SWRCB should take enforcement action against the
applicant for the unauthorized use of the state's water in the event the
applicant diverted and stored the state's water without a water right
permit; and the SWRCB should require the applicant to cease unauthorized
diversions immediately in the event the applicant diverted and stored
the state's water without a water right permit.
7. Should the application be approved by the SWRCB, the storage and
diversion of the state's water of the Russian River watershed by the
applicant should be limited from December 15 to March 31. No storage and
diversion of the state's water under Application 30683 should be allowed
during below normal, dry, and critical dry water years to protect Coho
salmon and steehead trout habitat.
8. The applicant should be required by the SWRCB to install and maintain
measuring devices which measures the amount of water in storage in the
reservoirs; the amount of water diverted from storage; and also the
amount of water bypassed from the dams. We recommend full time measuring
devices.
9. The SWRCB should determine whether the unnamed stream tributaries are
utilized by steelhead trout and Coho salmon.
10. The SWRCB should determine whether the dams are a barrier to
steelhead trout and Coho salmon.
11. The SWRCB should determine whether fish exist above the dam, and
whether a fish screen should be installed and maintained by the
applicant, including fish ladders.
12. The three 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.
The three existing reservoirs and the proposed reservoir may sustain
fish and aquatic species. The terms and condition of the permit for
Application 30683 should require mandatory minimum reservoir levels to
sustain the fishery and aquatic resources in the reservoirs.
13. The Division of Water Rights' public notice for Application 30683
did not disclose the name of the lead agency, and the name of the
responsible agency, pursuant to CEQA and its Guidelines. Advise the CSPA
regarding the names of the lead and responsible agencies under CEQA and
its Guidelines.
14. The Division of Water Rights' public notice for Application 30683
shows that water for the purposes of irrigation will not be used from
storage. Yet the Division of Water Rights' public notice shows water
will be used for irrigation purposes. Also, the Division of Water
Rights' public notice did not disclose that direct diversion was part of
the water right application or whether the applicant is making other
diversions. The CSPA is requesting clarification of this matter.
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.
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
Jonathan Frey Vineyards Ltd., Applicant
c/o Jonathan Frey
14000 Tomki Road
Redwood Valley, CA 95470
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