San Joaquin River Water Rights
Subject: San Joaquin River - Water Rights - Fosh and Flows
Date: Mon, 06 Jul 1998 18:11:34 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: email distribution
State of California
Before the State Water Resources Control Board
Greenhouse Ranch Partnership, Applicant
Applications 30647 and 30648
Owens Creek and an Unnamed Drain Tributary to Deep Slough thence Bravel Slough thence Bear Creek thence San Joaquin River thence Bay Delta thence Pacific Ocean
Public Trust Protest by the California Sportfishing Protection Alliance
The California Sportfishing Protection Alliance (hereinafter known as "CSPA") hereby protest Applications 30647 and 30648 as follows:
1. Applications 30647 and 30648 were noticed by the State Water
Resources Control Board (hereinafter known as "SWRCB") on May 8, 1998.
Applications 30647 and 30648 were again noticed by the SWRCB on May 22,
1998 because of a change in the season of diversion for application
30648. The applicant for said applications is Greenhouse Ranch
Partnership. The deadline period for filing protest is July 21, 1998.
2. This CSPA protest is based on environmental and water rights grounds.
The agent for the CSPA is Bob Baiocchi, Consultant, P.O. Box 357,
Quincy, CA 95971.
3. The CSPA has standing on many other water right applications and
water right matters before the SWRCB on many rivers and streams in
California.
Statement of Facts and Reasons for Protest
4. We have reviewed the information in the public notice by the SWRCB
for Applications 30647 and 30648. We reference said Notice and
application information.
Application 30647
5. Under Application 30647, from September 1 to February 28, the
applicant proposes to divert water via three (3) weirs on Owens Creek,
at a rate not to exceed 23 cfs. During the same period, the applicant
also proposes to divert with a pump, at a rate not to exceed 10 cfs,
from one point on an unnamed Drain that runs through the southwest
corner of the applicant's property. The water will be diverted for
wildlife enhancement and recreation on 600 acres. The amount will not
exceed 3,000 acre-feet per year. We reference SWRCB notice of May 22,
1998 for Application 30647.
The water proposed to be diverted will be from Owens Creek and an
unnamed Drain tributary to Deep Slough thence Bravel Slough thence Bear
Creek thence San Joaquin River.
The applicant proposes to divert water during all water years which
include below normal, dry, critically dry, and drought conditions, which
also includes wet, above normal, and normal water years.
Application 30648
6. Under Application 30648, From March 1 to November 1, the applicant
proposes to divert water via three (3) weirs on Owens Creek, at a rate
not to exceed 23 cfs. During the same period, the applicant also
proposes to divert with a pump, at a rate not to exceed 10 cfs. from one
point on an Unnamed Drain that runs through the southwest corner of the
applicant's property. The water will be diverted for flood irrigation of
1,100 acres and for stockwatering. The amount of water used will not
exceed 5,000 acre-feet. We reference SWRCB notice of May 22, 1998 for
Application 30648.
The water proposed to be diverted will be from Owens Creek and an
unnamed Drain tributary to Deep Slough thence Bravel Slough thence Bear
Creek thence San Joaquin River.
The applicant proposes to divert water annually during all water years
which include below normal, dry, critically dry, and drought conditions,
also including wet, above normal, and normal water years.
Applications 30647 and 30648
7. Collectively, the applicant proposes to divert 8,000 acre-feet of
water. At $100 per acre-foot the water proposed to be diverted is worth
$800,000 annually. At $200 per acre-foot the water proposed to be
diverted is worth $1.6 million dollars annually. At $300 per acre-foot
the water proposed for diversion will be worth 2.4 million dollars.
annually. The applicant after obtaining a water right permit from the
SWRCB, could sell and transfer the water to willing buyers.
8. Under Applications 30647 and 30648, the applicant proposes to divert
water annually during all water years which include below normal, dry,
critically dry, and drought conditions, also including wet and above
normal water years, when the Bay Delta is in balance and out of balance,
and also when flows in the San Joaquin River are low and water quality
is poor.
9. There may not be sufficient water available for appropriations under
Applications 30647 and 30648 during all water years which include
normal, below normal, dry, critically dry, and drought conditions,
including wet and above normal water years.
10. The proposed diversions will directly and cumulatively affect the
quantity of water in the San Joaquin River during normal, below normal,
dry, critically dry, and drought conditions, including wet and above
normal water years.
The applicant should be required by the SWRCB to conduct a water
availability analysis to determine whether water is available for
appropriation during the proposed diversion seasons during normal, below
normal, dry, critically dry, and drought conditions, including also wet
and above normal water years.
11. The proposed diversions will directly and cumulatively affect the
quantity of water and water quality in the San Joaquin River and Bay
Delta during normal, below normal, dry, critically dry, and drought
conditions, including wet and above normal water years, when the Bay
Delta is in balance.
When the Bay Delta is in balance, what diverter or diverters will
replace the water diverted by the applicant to replace the water
diverted by the applicant to meet San Joaquin River and Bay Delta water
quality standards during normal, below normal, dry, critically dry, and
drought conditions, including wet and above normal water years.
The CSPA believes the applicant should be required by the SWRCB to
reach formal written agreement with either the U.S. Bureau of
Reclamation, California Department of Water Resources, or other San
Joaquin River diverters to replace the water diverted by the applicant
to met San Joaquin River and Bay Delta water quality standards.
Any formal written agreement between the applicant and the California
Department of Water Resources, or other San Joaquin River diverters to
replace the water diverted by the applicant to met San Joaquin River and
Bay Delta water quality standards should be subject to the provisions of
the California Environmental Quality Act and its Guidelines.
Any formal written agreement between the applicant and the U.S. Bureau
of Reclamation to replace the water diverted by the applicant to met San
Joaquin River and Bay Delta water quality standards should be subject to
the provisions of the National Environmental Policy Act.
12. The proposed diversions have the potential to effect anadromous
fisheries protection flows and their habitat in the San Joaquin River
during normal, below normal, dry, critically dry, and drought
conditions, including wet and above normal water years.
The San Joaquin River sustain chinook salmon and steelhead trout
populations and their habitat, including other California native and
non-native fishery resources. Spring-run chinook salmon species did
exist in the San Joaquin River, but were extinguished by water projects.
Spring-run chinook salmon species are being proposed for listing under
the protection of the provisions of the state Endangered Species Act by
the California Fish and Game Commission.
Central Valley steelhead trout species have been listed as threatened
for protection pursuant to the provisions of the federal Endangered
Species Act. Central Valley fall-run chinook salmon species are being
proposed for listing by the U.S. National Marine Fisheries Service under
the provisions of the federal Endangered Species Act. The Bay Delta has
numerous endangered and threatened fish species protected under the
provisions of the federal Endangered Species Act, such as winter-run
chinook salmon and Delta smelt.
The applicant should be required by the SWRCB to consult with the U.S.
National Marine Fisheries Service pursuant to the provisions of the
federal Endangered Species Act concerning the effects to listed
anadromous fish and their habitat in the San Joaquin River, and also in
the Bay Delta, resulting from water diverted under Applications 30647
and 30647.
13. Diversions of water from any waterway reduces and affects fish
species and their habitat, invertebrate species and their habitat, water
quality, riparian habitat, and wildlife species and their habitat. The
proposed diversion of water under Applications 30647 and 30647 of 8,000
acre-feet during the proposed diversion season will alter and effect
habitat for the above mentioned species and their habitat, including
water quality and water quantity.
The applicant should be required by the SWRCB to conduct biological
instreamflow studies and field surveys (identify species and their
habitat) to determine the direct, indirect, and cumulative impacts to
all fish species and their habitat, all invertebrate species and their
habitat, water quality, all riparian habitat, and all wildlife species
and their habitat in: Owens Creek, in the Unnamed Drain, in Deep Slough,
in Bravel Slough, in Bear Creek, and in the San Joaquin River affected
by Applications 30647 and 30648.
Pursuant to California Fish and Game Code 5937 and Section 782 of the
California Code of Regulations, Title 23, the applicant should be
required by the SWRCB to release water at all times below the
applicant's weirs and pump to keep in good condition fish at all times
that exist in: Owens Creek, in the Unnamed Drain, in Deep Slough, in
Bravel Slough, in Bear Creek, and in the San Joaquin River.
14. In the event fish, invertebrate species, and other aquatic species
exist in Owens Creek, the applicant should be required to install and
maintain state of the art fish screens to prevent harm to public trust
resources which may be entrained in the diversion facilities.
15. The applicant should be required by the SWRCB to install and
maintain fulltime measuring devices below all weirs on Owens Creek.
16. The applicant claims that the water under Application 30647 (3,000
acre-feet) will be used for wildlife enhancement and recreation. The
answer by the applicant to the CSPA protest should clearly spell out in
detail the specific wildlife enhancement (specific species and their
habitat to be enhanced and not altered) and recreation (specific public
and private recreation values such as private and public hunting
opportunities, and public and private hunting fees, and all types of
recreation).
17. The CSPA believes that flood irrigation uses being proposed by the
Applicant uses water unreasonably, and is a waste of the state's water.
The CSPA believe that the flood irrigation of the waters of the State of
California is the unreasonable use and method of diversion, and the
waste of the state's water in conflict with Article X, Section 2 of the
State of California Constitution. The CSPA believes the SWRCB should
require the Applicant to submit a water conservation plan in conjunction
with Applications 30647 and 30648 that beneficially uses the water
proposed for diversion in a reasonable and effective manner and method.
18. The SWRCB should investigate and determine where the water presently
being used by the applicant for the subject land is being diverted from
what sources. i.e. water rights, water sources, amount of water
diverted, amount of water stored, season of diversion, season of
storage, purposes of use, and places of use.
The Basis of This Protest - Points and Authority of Law
19. This protest is based on the Common Law Public Trust Doctrine,
Article X, Section 2 of the California Constitution, California Water
Code, Section 782 of California Code of Regulations, Title 23, Section
5937 of the California Fish and Game Code, California Environmental
Quality Act, National Environmental Policy Act, and all past and future
SWRCB decisions pertaining to San Joaquin River and Bay Delta Water
Quality Requirements, and all other state and federal applicable
statutes.
Under What Condition(s) Should This Public Trust Protest Be Dismissed?
20. None at this time.
Respectfully Submitted
_______________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 530-836-1115; Fax: 530-283-2062
July 7, 1998