Request for Intervention by the U.S. National Marine Fisheries Service to Protect Threatened Steelhead

Subject: San Luis Obispo Creek Steelhead
Date: Fri, 24 Jul 1998 10:45:29 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: CSPA email distribution list

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971
BUS TEL: 530-836-1115
FAX: 530-836-2062

William T. Hogarth, Ph.D. July 23, 1998
Regional Administrator
U.S. National Marine Fisheries Service
501 West Ocean Boulevard
Long Beach, CA 90802-4213

James Lecky, Chief
Protected Species Branch
U.S. National Marine Fisheries Service
501 West Ocean Boulevard
Long Beach, CA 90802-4213

Re: San Luis Obispo Creek; Threatened Steelhead Trout; Water Rights
Process; City of San Luis Obispo; Request for Intervention by the U.S.
National Marine Fisheries Service to Protect Threatened Steelhead by the
California Sportfishing Protection Alliance

Dear Gentlemen:

There are potential significant future flow problems which will affect and harm the threatened steelhead resources of San Luis Obispo Creek.

The City of San Luis Obispo maintains a water treatment plant on San
Luis Obispo Creek about ten miles above its mouth with the Pacific
Ocean. Water quality resulting from the water treatment plan into San
Luis Obispo Creek is excellent based on a discussion with a local source
with expertise in fishery management [Mr. Phil Ashley]. The flow of
water from the water treatment plant into San Luis Obispo Creek is about
5.5 cfs. This year a significant number of threatened steelhead were
observed in San Luis Obispo Creek.

The City of San Luis Obispo has a water rights application pending
before the California State Water Resources Control Board to divert
water from the outflow of the water treatment plant. The CSPA filed a
formal water right protest in the early 1990's against the City's
application to use the water treatment outflow water on San Luis Obispo
Creek for development purposes. The CSPA specific concerns in filing the
formal protest was the steelhead resources of San Luis Obispo Creek.
Since the City of San Luis Obispo filed the water right application, the
San Luis Obispo Creek steelhead were listed for protection as threatened
under the provisions of the federal Endangered Species Act.
The City in its efforts for development purposes is also attempting to
enlarge Salinas Dam on the Salinas River. The CSPA also filed a formal
protest with the State California Water Resources Control Board against
those water right petitions which were formerly and jointly filed by the
U.S. Army Corps of Engineers, who own the dam, and the City of San Luis
Obispo, who uses the water. We were recently advised that the Corps and
the City reached an agreement whereby the Corp's application for the
enlargement of Salinas Dam was revoked by the Division of Water Rights,
and the only petitioner remaining is the City of San Luis Obispo.
However, the City will have to deal with the CSPA because the CSPA filed
a formal protest.

The USNMFS was provided with a copy of the recent CSPA comments, in
which the CSPA believe the USNMFS must protect Salinas River threatened
steelhead, pursuant to the federal ESA. The CSPA formal water rights
protest was filed with the State Water Board to protect Salinas River
steelhead. The Salinas River steelhead, following the City of San Luis
Obispo's petition with the California State Water Resources Control
Board to enlarge Salinas Dam, also were listed for protection as
threatened under the provisions of the federal Endangered Species Act by
the U.S. National Marine Fisheries Service.

It is our understanding the City of San Luis Obispo is proposing to
divert about 2/3th of the 5.5 cfs outflow from the water treatment
plant. We believe the meager remaining amount of water is not sufficient
to maintain San Luis Obispo Creek threatened steelhead and their
habitat, from the outflow to the Pacific Ocean.

We believe the USNMFS should intervene in the water rights process
before the California State Water Resources Control Board decides to
issue a water right permit, and advise them that the City of San Luis
Obispo should consult with the USNMFS before any water right is issued.
We also believe that all condition required by the USNMFS to protect,
maintain, and restore threatened San Luis Obispo Creek steelhead should
be mandatory in any water right permit issued by the State Water Board.
However, denial of the City's water right application would best
conserve and protect the steelhead resources of San Luis Obispo Creek.

We also believe the USNMFS should require specific mandatory flow
conditions that protect and maintain the threatened steelhead of San
Luis Obispo Creek during all life stages such as mandatory daily flow
requirements, spawning and rearing habitat flows, and adult and juvenile
migration flows, flows for the full protection of invertebrate species
and their habitat (food producing habitat), and sufficient water
temperatures for cold water steelhead species and their habitat,
pursuant to the provisions of the federal Endangered Species Act, and
the federal Clean Water Act.

The CSPA also believe the USNMFS should initiate and complete a Section
4(d) ruling that would protect and conserve all threatened steelhead
resources in the areas of San Luis Obispo County, which includes San
Luis Obispo Creek. Please place the CSPA on the mailing list for all
proposed regulations changes.

We look for the USNMFS to take a leading role in protecting the
threatened San Luis Obispo Creek steelhead resources.

A written response is appreciated.

Respectfully Submitted

________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971

cc:     Mr. Harry Schueller, New Chief
        Division of Water Rights
        P.O. Box 2000
        Sacramento, CA 95812-2000

        Mr. Phil Ashley, Biologist
        1586 La Cita Court
        San Luis Obispo, CA 93401

        Mr. Jim Crenshaw, President
        California Sportfishing Protection Alliance
        1248 East Oak Avenue, Suite D
        Woodland, CA 95695

        Mr. Daniel A. McDaniel, Esquire
        Northern California Council Federation of Fly Fishers
        1287 Greenly Way
        Stockton, CA 95207

        Mr. Brian Trautwein, Consultant
        Santa Barbara Legal Defense Center
        906 Garden Street, Suite 2
        Santa Barbara, CA 93101

        Mr. Dennis McEwan, Biologist
        Inland Fisheries - Steelhead
        Department of Fish and Game
        1416 Ninth Street
        Sacramento, CA 95814

        Ms. Diane Noda, Supervisor
        U.S. Fish and Wildlife Service
        Ventura Office
        2493 Portola Road, Suite B
        Ventura, CA 93003

        Interested Parties (numerous - by e-mail)

For further information contact Bob Baiocchi at either 530-836-1115 or

at e-mail address: cspa@psln.com