State of California
Before the State Water Resources Control Board
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City of Crescent City, Petitioner and Permittee
Permit No. 11475 (Application No. 17956)
Smith River tributary to Pacific Ocean
Del Norte County
Petition for Extension of Time
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Protest by California Sportfishing Protection Alliance
We the California Sportfishing Protection Alliance (hereinafter known as "CSPA") of P.O. Box 357, Quincy, CA 95971, c/o Bob Baiocchi, Executive Director, CSPA, have carefully read a copy of, or a notice relative to the above mentioned petition for extension of time of the City of Crescent City.
Under Permit No. 11475, additional time is requested by the petitioner to complete construction and develop full beneficial use of water authorized under this permit.
Under Permit No. 11475, the Petitioner has a water right permit to divert by direct diversion 9.8 cfs from the Smith River from January 1 to December 31 annually. The maximum annual use allowed is 2,600 acre feet. The water is used for municipal purposes.
Water is diverted from the Smith River and pumped through a 16-inch pipeline, about 10 miles, to the City of Crescent City. The water is served via 3,418 service connections to a population of 7,500 people, and irrigation of 55 acres of City park lands, within the City of Crescent City and Meadowbrook Acres.
We desire to protest against the approval of said petitions because to the best of our knowledge and belief the petitioner's water right permit on the Smith River may have a potential adverse direct, indirect and cumulative impact on fish anadromous fish population and habitat, and on aquatic resources and riparian habitat in the Smith River.
Facts which support the foregoing allegations are as follows:
1. The Smith River sustains important and valuable public trust anadromous fish populations and habitat. Water Right Permit No. 11475 may be having potential direct, indirect and cumulative impacts to the public trust assets of the Smith River.
Permit No. 11475 was issued by the Board on July 16, 1958. It is highly unlikely the permit contains terms and conditions which protect the public trust anadromous fisheries of the Smith River. i.e. mandatory daily fish bypass flow requirements and a fish screen on the diversion works.
The Board should amend Permit No. 11475 and order terms and conditions which protect the fish and wildlife resources affected by the diversion.
2. Under Permit No. 11475 the petitioner has not put the permitted water to full beneficial use since 1958, a period of 32 years.
The permit should be amended by the Board and should be limited to the amount of water put to beneficial use at this time. Considering the Petitioner has not put the water to full beneficial use after 32 years, a new water right application should be filed by the Petitioner for the use of additional water.
This protest is based on all applicable state statutes, regulations and rules, including the Public Trust Doctrine, Racanelli Decision, Clean Water Act, Section 5937 of the California Fish and Game Code, Article X, Section 2 of the State Constitution, Section 275 of the Water Code and the California Environmental Quality Act.
Under what conditions may this protest be disregarded and dismissed?
None at this time.
A true copy of this protest has been served upon the petitioner and other interested parties by first class mail.
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Robert J. Baiocchi, Executive Director, CSPA
P.O. Box 357
Quincy, CA 95971
Date: March 25, 1991
Certificate of Service
Mr. Jesse Diaz, Chief
Division of Water Rights and Water Quality
Division of Water Rights
State Water Resources Control Board
Mr. Peter Bontadelli, Director
California Department of Fish and Game
Mr. Wayne White
U.S. Fish and Wildlife Service
Sacramento Office
Mr. Jim Crenshaw, President, CSPA
Sacramento, California
Mr. Bill Jennings, Chairman, CSPA
Stockton, California
Mr. Jerry Bliss, CSPA Board
Ventura, California
Mr. Brian Botham
Trout Unlimited
Huntington Beach, California
City of Crescent City, Petitioner
City Hall
450 H Street
Crescent City, CA 95531
Interested Parties
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Robert J. Baiocchi, Executive Director, CSPA
Date: March 25, 1991