State of California
Before the State Water Resources Control Board
Pauma Ridge Mutual Water Company, Applicant
Application No. 30652
Application to Appropriate Water
San Luis Rey River 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 December 12, 1997 regarding Application 30652. We reference the public notice of December 12, 1997.
DESCRIPTION OF PROJECT
Application 30652
We have reviewed the description of the project in the Division's notice of November 21, 1997. Briefly, the applicant proposes to divert the underflow from the San Luis Rey River through five wells. The maximum rate of diversion will be 2.7 cfs. An additional 800 gallons per day is requested for domestic purposes. Total diversions under this application will not exceed 1,315 acre-feet per annum. The purposes of use are for 456 acres of avocadoes, citrus, and flowers, and also domestic use. The applicant has requested to divert water from January 1 to December 31 of each year.
CSPA PUBLIC TRUST PROTEST
This protest is based on environmental grounds. The San Luis Rey River sustains wild trout and their habitat, and aquatic species and their habitat. Fish and aquatic species need water to survive.
STATEMENT OF FACTS AND REASONS FOR PUBLIC TRUST PROTEST
1. The dam that formed Lake Henshaw reduced the downstream riverflow, and blocked steelhead trout access to the uppermost portion on the drainage. The native San Luis Rey steelhead is extinct. Resident trout persist in the headwaters such as Pala and Pauma creeks. The main stem San Luis Rey River has received hatchery rainbow trout, as have tributaries such as Pauma Creek.
2. The applicant proposes to divert the underflow of the river. Diverting the underflow of the river reduces surface flows with resulting potential impacts to resident trout and their habitat, aquatic species and their habitat, and water quality. Resident trout need aquatic species to survive. And aquatic species need water to survive.
3. The proposed project has the potential to adversely effect the resident trout and aquatic resources of the San Luis Rey River.
4. Resident trout and aquatic species are public trust resources. The SWRCB has a duty and responsibility to protect the trust assets when issuing water right permits.
5. The applicant should be required by the SWRCB to make a findings, based on scientific studies, that there is sufficient water to serve the applicant, and also to serve the public trust resources of the river. In the event there is not sufficient water to serve the applicant, and also serve the public trust resources, the SWRCB should require the applicant to reduce the amount of water which it seeks.
6. The applicant should be required by the SWRCB to maintain a daily flow of water at all times into the San Luis Rey River to protect the downstream environmental needs of resident trout and their habitat, and also aquatic species and their habitat.
7. The applicant should be required by the SWRCB to install and maintain measuring devices which measures the amount of water diverted from the wells. We recommend full time measuring devices.
8. The proposed collective diversions by the applicant have the potential to cause adverse cumulative impacts to downstream resident trout and their habitat, and also aquatic species and their habitat.
9. The proposed collective diversions by the applicant have the potential to increase water temperatures during the period of the summer, and directly and cumulatively have adverse impacts and harm to cold water species such as resident rainbow trout and aquatic species in the river.
10. The proposed collective diversions by the applicant in conjunction with other existing diversions, and future diversions, have the potential to have adverse cumulative impacts to resident trout and their habitat, aquatic species and their habitat, and water quality.
11. Because of the potential direct and cumulative impacts to resident trout and their habitat, aquatic species their habitat, and water quality, as a result of this application, an Environmental Impact Report should be prepared.
12. The SWRCB should require the applicant to cease all unauthorized diversions of the state's water immediately until the applicant has authorization to diversion and use the state's water of the San Luis Rey River. The SWRCB should also take enforcement action against the applicant for the unauthorized use of the state's water pursuant to the California Water Code. We know of no legal authority in which the SWRCB and its staff have the discretion to allow any person to divert the state's water without valid water rights.
The CSPA Public Trust Protest is Based on the Following:
13. 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 29, 1997
cc: Chris Murray, Application Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Pauma Ridge Mutual Water Company, Applicant
c/o Walt Bourez, Jr.
5158 Kipp Way
Carmichael, CA 95608
Interested Parties