CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CALIFORNIA 95971
Roger Johnson, Asst. Chief January 22, 1997
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Re: Water Right Application 30456; Tichenor Ranch, Applicant; Public Information Request and Comments by California Sportfishing Protection Alliance, Interested Party
Dear Chief Johnson:
We have reviewed Water Right Application 30456, which was noticed by the Division of Water Rights on August 9, 1996.
WR Application 30456 - San Gregorio Creek thence Pacific Ocean
San Gregorio Creek is a high profile coastal stream in San Mateo County. San Gregorio Creek sustains steelhead trout and their habitat. Steelhead are being proposed for listing as "endangered" by the USNMFS in this coastal area of California.
There was some environmental information provided by the Division in the public notice of August 9, 1996 for WR Application 30456. However, that environmental information did not disclose that San Gregorio Creek sustains steelhead trout and their habitat. Adult steelhead trout need sufficient flows to migrate into San Gregorio Creek. Juvenile and Adult steelhead trout need sufficient flows to migrate to the Pacific Ocean. Steelhead trout need sufficient flows for spawning and rearing.
The public notice of August 9, 1996, states that the bypassed flow shown in the public notice may be increased if the SWRCB finds that these amounts are insufficient to protect the resources. Consequently, the flows shown in the public notice may not be sufficient to keep in good condition at all times the steelhead (all life stages).
The public notice of August 9, 1996, did disclose that preliminary review of the proposed project "suggest" the possibility of adverse effects on the Federally-threatened red-legged frog and State-endangered San Francisco garter snake. Consequently, there is a potential that adverse impacts may occur to Federally-threatened red-legged frog and State-endangered San Francisco garter snake, and their habitat.
The public notice of August 9, 1996, did not disclose the specific recovery plans adopted by the state and federal agencies for Federally-threatened red-legged frog and State-endangered San Francisco garter snake and their habitat. The applicant and the staff of the Division of Water Rights should consult with the federal fish and wildlife agencies pursuant to Section 7 of the federal ESA. And also consult with the CDFG regarding the State ESA, to determine the protection measures necessary to sustain these species and their habitat.
The Division states that all protests must clearly describe the objections to approval of the application and the factual basis for those objections. And that if the protest is based on environmental grounds, the protest must be accompanied by a statement of facts supporting the basis of the environmental protest. And that if sufficient information is not submitted, the SWRCB may reject the environmental protest, and also the Division request the protestant filing the environmental protest submit additional information, or withhold action on the environmental protest until completion of environmental documentation by the applicant or the SWRCB staff. There is not sufficient environmental information and a findings by the Division that the proposed project will not have a significant effect to the public trust resources of San Grogorio Creek.
The Division of Water Rights is required to comply with the California Environmental Quality Act and its Guidelines when processing water right applications. In this case, the SWRCB is the responsible agency and San Mateo County is the lead agency under CEQA and its Guidelines. The public notice of August 9, 1996, did not disclose and include the contact person, the telphone number and/or fax number, and the mailing address of San Mateo County. Consequently, protestants and interested parties were placed into a "black hole" regarding the CEQA document for this application.
In the future, the Application Unit of the Division of Water Rights should include the contact person, the telphone number and/or fax number, and the mailing address of the lead agency in the public notice for any water right application, when the lead agency is not the SWRCB. Also, the Division of Water Rights (Application Unit) should advise other lead agencies who are processing the environmental portion of a water right application that it should provide for the opportunity for comments by protestants and interested parties who are involved in the water rights process on all parts of the CEQA process. And that the NOP, draft and final CEQA documents should be provided to protestants and interested parties at no cost in a timely manner.
Since the public notice of August 9, 1996, for WR Application 30456 did not disclose the contact person, the telphone number and/or fax number, and the mailing address of San Mateo County, the CSPA is requesting that the Division of Water Rights advise San Mateo County that the CSPA request copies of the NOP, draft and final CEQA document for the proposed project under WR Application 30456.
We are requesting the Division to prepare a water availability analysis to determine whether water is available for appropriation in San Gregorio Creek. We reference Section 1375 (d) of the California Water Code.
We reserve the right to file a formal protest against the subject water right application because the public notice did not provide any environmental information on steelhead trout and their habitat in San Gregorio Creek. And that the Division of Water Rights did not include an environmental findings in the public notice that WR Application 30456 would not jeopardize Federally-threatened red-legged frog, State-endangered San Francisco garter snake and their habitat, and also steelhead and their habitat in San Gregorio Creek.
If there are any questions, I can be reached at my office at 916-836-1115.
Respectfully Submitted
_____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-836-1115 or 916-283-3767; Fax: 916-283-5017
cc: Jim Crenshaw, President, CSPA
1248 East Oak Avenue, Suite D
Woodland, CA 95695
Tichenor Ranch, Applicant
c/o Stanley S. Skeehan
210 16th Avenue
Santa Cruz, CA 95062
Walt Pettit, Executive Director
William Atwater, Chief Counsel
SWRCB
P.O. Box 100
Sacramento, CA 95812-0100
Interested Parties
OUR MISSION IS TO PROTECT, ENHANCE, AND RESTORE CALIFORNIA'S PUBLIC TRUST
RESOURCES, AND ENSURE THEIR PROPER PROTECTION FOR THE BENEFIT OF PRESENT
AND FUTURE GENERATIONS