CSPA
Salinas River
Subject: Salinas River Dam Enlargement CSPA WR Protest
Date: Tue, 21 Jul 1998 17:34:07 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: email distribution, including CSPA board of directors
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971
BUS TEL: 530-836-1115
FAX: 530-836-2062
Dr. William Hogarth,Ph.D., July 20, 1998
Regional Administrator
U.S. National Marine Fisheries Service
501 West Ocean Boulevard
Long Beach, CA 90802-4213
Mr. James Lecky, Chief,
Protected Species Branch
U.S. National Marine Fisheries Service
501 West Ocean Boulevard
Long Beach, CA 90802-4213
Re: Salinas River; Salinas Dam Enlargement Project; Petition for
Extension of Time; Water Right Permit 5882 (Application 10216) of the
City of San Luis Obispo; Letter of June 26, 1998 from California
Division of Water Right to U.S. National Marine Fisheries Service
Dear Gentlemen:
This is in response to the letter of June 26, 1998 directed to you from
the Division of Water Rights concerning the above mentioned petition for
extension of time.
In the letter of June 26, 1998, the Division of Water Rights made
statements that did not reflect on the facts of the matter.
The Division of Water Rights advised you that the CSPA letter of June
17, 1997 made erroneous statements, and that the information you
received from the CSPA is not reflective of recent "closed door -
inhouse" modifications in the water rights for this facility.
The CSPA advise you that on September 28, 1994, the California
Sportfishing Protection Alliance filed a formal water right protest with
the State Water Resources Control Board against joint petitions filed by
the U.S. Department of the Army and the City of San Luis Obispo
regarding the proposed expansion of Salinas Dam. The Army Corps petition
was for increasing the place of use and adding municipal use as a
purpose of use under Application 10211 and Water Right Permit 5881. The
dam is owned by the U.S. Corps of Engineers and operated by San Luis
Obispo County Flood Control and Water Conservation District. The City of
San Luis Obispo's petition was for an extension of time, and also for
the proposed Salinas Dam and Reservoir Expansion Project.
The fact of the matter is that the CSPA did file formal protests with
the Division of Water Rights against the filings by the U.S. Army Corps
of Engineer and the City of San Luis Obispo. The letter of June 26, 1998
from the Division of Water Rights made no mention that the CSPA had
filed said protests.
Secondly, and most importantly, the Division of Water Rights stated
that the duplicative water right issue was resolved in 1995 and,
pursuant to the enclosed Stipulated Agreement between the City and the
Corps, Permit 5882 of the Corps was revoked.
The CSPA, a formal protestant, was not advised in writing by the
Division of Water Rights in 1995 that the Corps permit was revoked, that
the pending CSPA protest was moot against the Corps, nor was a copy of
the Stipulated Agreement between the City and the Corps provided to the
CSPA in 1995, nor was the Stipulated Agreement between the City and the
Corps included with the copy of the Division of Water Rights letter of
June 26, 1998 to the CSPA.
In the Division of Water Rights' letter of June 26, 1998 the letter was
only copied to the City of San Luis Obispo and the CSPA. The CSPA letter
of June 17, 1998 was copied to: (a) U.S. Army Corps of Engineers, (b)
City of San Luis Obispo, (c) the staff of the Division of Water Rights,
(d) the staff of the California Department of Fish and Game, (e) the
U.S. Fish and Wildlife Service, (f) Phil Ashley, and (g) Santa Barbara
Legal Defense Center. The Division of Water Rights should have copied
all parties on the CSPA service list, and should have provided all
parties, including the CSPA, with a copy of the Stipulated Agreement
between the City and the Corps.
In fact to date the City of San Luis Obispo has not answered the CSPA
formal protest pursuant to the California Code of Regulations concerning
the change under only the City of San Luis Obispo petition filing, and
the Stipulated Agreement between the City and the Corps. The Division of
Water Rights made no mention of that issue in their letter. Nor did the
City of San Luis Obispo or the Corps provide the CSPA with a new written
petition or a statement concerning that the joint petition would be
addressed under the filing of the City of San Luis Obispo's petition.
The CSPA believe because of the "closed door - inhouse" decision by the
Division of Water Rights to process both petitions under the petition
filing by the City of San Luis Obispo, that the City of San Luis
Obispo's petition notice should be renoticed to the public to provide to
protestants, interested parties, and the public, the changes to the
petitions, which includes all agreements and proposed agreements to
acquire federal lands owned by the federal government for Salinas Dam
and Reservoir to the City of San Luis Obispo.
The CSPA is puzzled why the staff of the Hearing Unit of the Division
of Water Rights intervened in this matter on behalf of the City of San
Luis Obispo. It appears that there is a conflict of interest on the part
of the staff of the Hearing Unit of the Division of Water Rights in
dealing with the City of San Luis Obispo's petition, the CSPA formal
protest, federal environmental law (NEPA), and also the protection of
Salinas River threatened steelhead.
The point of the CSPA letter of June 17, 1998, was to advise you that
there should be prepared a NEPA document for the enlargement of Salinas
Dam. The Corps still own the dam, regardless of who operates the dam and
who now has the state water rights related to a federal project. Under
the federal Endangered Species Act, when there is federal involvement
and action, Section 7 of the ESA requires Federal agencies to insure
that any action authorized, funded, or carried out by them is not likely
to jeopardize the continued existence of listed species or modify their
critical habitat. i.e. Salinas River threatened steelhead.
Section 4(d) of the ESA provides that whenever a species is listed as
threatened, the USNMFS shall issue regulations deemed necessary and
advisable to provide for the conservation of the species. The CSPA is
formally requesting the USNMFS to initiate and finalize a Section 4(d)
ruling to protect threatened steelhead in the Salinas River area of
California. Please place the CSPA on the mailing list for the proposed
Section 4(d) ruling that affects the Salinas River watershed.
Thank you for giving the CSPA the opportunity to clarify some of the
information provided by the Division of Water Rights to you in their
letter of June 26, 1998.
It is very clear that the City of San Luis Obispo is not a fish
friendly water users. i.e. Recent dewatering of Old Creek resulting in
adverse impacts to threatened Old Creek steelhead and their habitat.
The CSPA believe the USNMFS must take a leading role in protecting
Salinas River threatened steelhead and their critical habitat resulting
from the enlargement of Salinas Dam.
If there are any questions, please have your staff contact me at
530-836-1115.
Respectfully Submitted
______________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 530-836-1115; Fax: 530-836-2062
For further information contact Bob Baiocchi at either 530-836-1115 or
at e-mail address: cspa@psln.com