CSPA
Public Trust Protest SF Bay Delta Estuary CSPA WR Protest Ecosystem
Subject: SF Bay Delta Estuary CSPA WR Protest Ecosystem
Date: Wed, 17 Dec 1997 11:18:19 +0000
From: Bob Baiocchi <cspa@psln.com>
Organization: CSPA
To: Distribution
State of California
Before the State Water Resources Control Board
Margaret Kullberg, Applicant
Application No. 30592
Application to Appropriate Water
Unnamed Tributary to Tolay Creek thence San Pablo Bay 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 30592. We reference
the public notice of November 21, 1997.
DESCRIPTION OF PROJECT
Application 30592
We have reviewed the description of the project in the Division's
notice of November 21, 1997. Briefly, the applicant proposes to divert
legally 35 acre-feet of water annually for irrigation purposes from
November 1 to May 31.
CSPA PUBLIC TRUST PROTEST
This protest is based on environmental and legal water right grounds.
The steelhead trout of the Central Valley Region have been adversely
impacted by diversions of the state's water. And fish and aquatic
resources need water to survive.
STATEMENT OF FACTS AND REASONS FOR PUBLIC TRUST PROTEST
1. The proposed project under Application 30592 has the potential to
cause adverse impacts to steelhead resources. Central Valley steelhead
trout may be listed in the short term future under the protection of the
federal Endangered Species Act. Also Tolay Creek and the unnamed
tributary should sustain fish and aquatic resources, including wildlife.
2. Based on the information in the notice of November 21, 1997, the
unauthorized use of the state's water was made by the applicant. The
SWRCB should take enforcement action against the applicant for the
unauthorized use of the state's water; and the SWRCB should require the
applicant to cease unauthorized diversions immediately.
3. The applicant should be required by the SWRCB to maintain a daily
flow of water into the unnamed tributary from their dam and or diversion
works to protect the downstream environmental needs of Tolay Creek and
the environment of the unnamed tributary. 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 diverted; and also
the amount of water bypassed from the diversion works. We recommend full
time measuring devices.
5. The SWRCB should determine whether Tolay Creek is utilized by
steelhead trout.
6. The SWRCB should determine whether fish and aquatic resources exist
in the unnamed tribuary, and also in Tolay Creek, and whether a fish
screen should be installed and maintained by the applicant.
7. Waterfowl and other wildlife may be sustained by the unnamed
tributary and Tolay Creek, and the streams may provide valuble wetlands.
The SWRCB should determine whether waterfowl and other wildlife are
sustained by the streams.
The CSPA Public Trust Protest is Based on the Following:
8. 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: Chris Murray, Application Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Margaret Kullbery, Applicant
Jens Kullberg
1036 Stage Gulch Road
Petaluma, CA 94454
Interested Parties