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 Applications 30527 and 30528; Arthur H. Voss, Applicant; Public Information Request and Comments by California Sportfishing Protection Alliance, Interested Party
Dear Chief Johnson:
We have reviewed Water Right Applications 30527 and 30528, which was noticed by the Division of Water Rights on November 15, 1996.
WR Application 30527 - Two Unnamed tributary streams to Iron Springs Creek (aka Mendehall Valley Creek) tributary to West Fork San Luis Rey River tributary to San Luis Rey River thence Pacific Ocean
There was no environmental information provided by the Division in the public notice of November 15, 1996 for WR Application 30527. Consequently, it is impossible to file a protest on environmental grounds without full disclosure of all environmental information by the Division.
WR Application 30528 - Unnamed Stream and Iron Springs Creek (aka Mendenhall Valley Creek) tributary to West Fork San Luis Rey River tributary to San Luis Rey River thence Pacific Ocean
There was no environmental information provided by the Division in the public notice of November 15, 1996 for WR Application 30528. Consequently, it is impossible to file a protest on environmental grounds without full disclosure of all environmental information by the Division.
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.
As stated before, there is no factual environmental information in the noticed water right applications. Consequently, it is impossible to file a protest on environmental grounds without that factual environmental information. Further, the Division of Water Rights and the applicant should be held responsibile by the same standards in which it is requiring persons filing environmental protests. i.e. Equal Protection Rights.
The Division of Water Rights is required to comply with the California Environmental Quality Act and its Guidelines. The public notice of November 15, 1996, states that the proposed project under WR Application 30527 and 30528 "does have the potential for causing a significant effect on the environment".
We are requesting the applicant conduct environmental studies to determine and mitigate the potential environmental impacts to the three unnamed tributaries and Iron Springs Creek resulting from water diverted under Water Right Applications 30527 and 30528.
We are requesting that the CEQA document disclose, evaluate, and mitigate the potential adverse cumulative impacts to the West Fork San Luis Rey River and the San Luis Rey River as a resulting of WR Applications 30527 and 30528, including other existing and pending projects.
We are requesting the Division require mandatory daily minimum surface stream flow requirements under Applications 30527 and 30528 to protect the downstream environments of the three unnamed stream tributaries and Iron Springs Creek.
We are requesting the Division to prepare a water availability analysis to determine whether water is available for appropriation in Iron Springs Creek and the West Fork of the San Luis Rey River. We reference Section 1375 (d) of the California Water Code.
We are requesting a copy of the Initial Study for WR Applications 30527 and 30528 for our review and comment.
We reserve the right to file a formal protest against the subject water right applications because there is no environmental information and environmental findings in the Division's public notice of November 15, 1996.
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
Arthur H. Voss, Applicant
c/o Randall K. Waters
22717 190th Street
Redondo Beach, CA 90278
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