State of California
Before the State Water Resources Control Board
Dale A. Ricci, Applicant
Application 30635
Unnamed Stream Tributary to Steamboat Slough thence Third Napa Slough thence Second Napa Slough thence Sonoma Creek thence San Pablo Bay thence San Francisco Bay thence Pacific Ocean
Public Trust Protest by the
California Sportfishing Protection Alliance
The California Sportfishing Protection Alliance (hereinafter known as "CSPA") hereby protest Application 30635 as follows:
1. Application 30635 was noticed by the State Water Resources Control Board (hereinafter known as "SWRCB") on December 12, 1997. The applicant for said application is Dale A. Ricci.
2. This CSPA protest is based on environmental 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, including formal protests on Sonoma Creek and the Napa River.
Statement of Facts
4. We have reviewed the information in the public notice for Application 30635. We reference said information.
The applicant proposes to construct a 150 acre-foot capacity offstream reservoir with a surface area of six (6) acres. Water will be diverted to the offstream reservoir from three (3) points of diversion (POD). Water will be used for irrigation and frost protection. The applicant has requested to divert water from November 1 to May 15.
5. The information in the public notice for application 30635 did not have any environmental information concerning the existing environmental conditions of the unnamed stream tributary; Steamboat Slough; Third Napa Slough; Second Napa Slough; Sonoma Creek; San Pablo Bay; and San Francisco Bay. Without the environmental information for the above waterways, the SWRCB and its staff cannot make a decision concerning the direct, indirect, and cumulative impacts to the public trust resources of the described waterways. However, the CEQA document for the proposed project should disclose and include that environmental information.
6. The unnamed stream should sustain aquatic resources and their habitat, and riparian habitat, and may sustain fish species and their habitat. It may also sustain habitat for state and federal threatened and endangered species.
In order to protect the public trust resources of the unnamed stream tributary a mandatory daily flow requirement should be ordered by the SWRCB from all three (3) POD's to protect the trust assets below the POD's and prevent the trust assets from being degraded and harmed.
7. Steamboat Slough, Third Napa Slough, Second Napa Slough, and Sonoma Creek should sustain aquatic resources and their habitat, and riparian habitat, and may sustain fish species and their habitat. These waterways may also sustain habitat for state and federal threatened and endangered species.
In order to maintain and protect the public trust resources of Steamboat Slough, Third Napa Slough, Second Napa Slough, and Sonoma Creek a mandatory daily flow requirement should be ordered by the SWRCB from all three (3) POD's to protect the trust assets and prevent the trust assets from being further degraded and harmed.
Existing projects, proposed future projects, and this project have the potential to cause adverse cumulative impacts to the public trust resources of Steamboat Slough, Third Napa Slough, Second Napa Slough, and Sonoma Creek. The SWRCB should investigation the cumulative impacts to public trust resources of the above mentioned waterways.
8. Water quality, the anadromous fisheries, and the wildlife resources of the Bay Delta Estuary have been adversely and cumulatively affected by water diversions.
The SWRCB should either have the USBR and CDWR replace the 150 acre-feet of water seeked by the applicant that would have flowed into San Pablo Bay and San Francisco Bay; or the SWRCB should reject the application. The applicant and/or the SWRCB should determine by study whether there is sufficient water available for appropriation and also to serve other beneficial uses of the state's water.
9. The applicant should be required to install and maintain fulltime gauging devices below all points of diversion which measures the amount of water bypassed from the POD's.
10. The SWRCB should prepare an environmental document for the proposed project pursuant to the requirements of CEQA and its Guidelines. We are requesting that all direct, indirect, and cumulative impacts to the environment of the affected waterways are disclosed, evaluated, and mitigated.
11. In the event the SWRCB approves a water right permit for said water right application, we are requesting the SWRCB require the applicant to maintain and release a mandatory minimum daily flow of water at all times below all points of diversion to keep in good condition at all times fishery resources, aquatic resources, water quality, riparian habitat, and wildlife species and their habitat, including any threatened and endangered species and their habitat.
The Basis of This Protest - Points and Authority of Law
12. All applicable state and federal law and regulations.
Under What Condition(s) Should This Public Trust Protest Be Dismissed?
13. None at this time.
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 or 916-283-1007; Fax: 916-283-5017 or 916-283-4999
January 8, 1997
cc: Yoko Mooring
Application Unit
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Dale A. Ricci, Applicant
c/o Beth Painter
PPI Engineering
860-G Napa Valley Corporate Way
Napa, CA 94558
Interested Parties