CSPA

Public Trust Protest Russian River Water diversions

Date: Wed, 17 Dec 1997 11:05:01 +0000

From: Bob Baiocchi <cspa@psln.com>

Organization: CSPA

To: Distribution

State of California

Before the State Water Resources Control Board

Kendall-Jackson Winery, Applicant

Application No. 30583

Application to Appropriate Water

Green Valley Creek and Unnamed Stream Tributary to Atascedero Creek

thence Russian River thence Pacific Ocean

Public Trust Protest

by the California Sportfishing Protection Alliance

We have reviewed the State Water Resources Control Board's public

notice of November 21, 1997 regarding Application 30583. We reference

the public notice of November 21, 1997.

DESCRIPTION OF PROJECT

Application 30583

We have reviewed the description of the project in the Division's

notice of November 21, 1997. Briefly, the applicant proposes to store 60

acre-feet of water per annum for irrigation and frost protection from

November 1 to April 30.

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 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 proposed project under Application 30583 has the potential to

cause adverse cumulative impacts to coho and steelhead resources coupled

with pending water right applications and existing water right projects

on the Russian River watershed. Green Valley Creek and Atascadero Creek

provide valuable water for coho salmon and steelhead trout and their

habitat in the Russian River. Coho salmon and steelhead trout have been

listed under the protection of the federal Endangered Species Act.

2. 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.

3. The applicant should be required by the SWRCB to maintain a daily

flow of water into Green Valley Creek and the unnamed trib from their

diversion dams to protect the downstream environmental needs of Green

Valley Creek and Atascadero Creek. We recommend a minimum flow of 60% of

the average flow in the unnamed tributary.

4. The applicant should be required by the SWRCB to install and maintain

measuring devices which measures the amount of water in storage in the

reservoir; the amount of water diverted to storage from diversions; and

also the amount of water bypassed from the diversion dams. We recommend

full time measuring devices.

5. The SWRCB should determine whether Green Valley Creek and Atascadero

Creek are utilized by steelhead trout.

6. The SWRCB should determine whether the diversion dams are a barrier

to steelhead trout.

7. The SWRCB should determine whether fish exist above the diversion

dams, and whether fish screens should be installed and maintained by the

applicant.

8. Because of the potential cumulative impacts to steelhead trout as a

result of the application, other applications, and existing water

rights, an Environmental Impact Report should be prepared for this

application and all other pending water right applications which seek to

divert water from the Russian River watershed.

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.

2. 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

December 17, 1997

cc: Hugh Smith, Application Unit

Division of Water Rights

P.O. Box 2000

Sacramento, CA 95812-2000

Kendall-Jackson Winery

c/o Napa Valley Vineyard Engineering, Inc.

176 Main Street, Suite B

St. Helena, CA 94574

Interested Parties