Honorable Dan Beard, Commissioner June 14, 1994
Bureau of Reclamation
United States Department of the Interior
1849 C Street N.W.
Washington, D.C. 20240
Re: Santa Ynez River, California; Cachuma Project; Signing Memorandum of Understanding; June 20, 1994.
BY FAX COMMUNICATION - FROM 916-283-5017 (BOB BAIOCCHI, CSPA OFFICE) TO 202-208-5996 (COMMISSIONER DAN BEARD)
Dear Commissioner Beard:
It is our understanding on Monday, June 20, 1994 at Santa Barbara, California, you will attend the "Dan Beard Breakfast" sponsored by the Cachuma Project Authority. The purpose of this breakfast is to have you witness the signing of a Memorandum of Understanding (MOU) between the Bureau, U.S. Fish and Wildlife Service, California Department of Fish and Game, and the water users. The MOU concerns cooperation in research and fish maintenance on the Santa Ynez River related to the operations of the Cachuma Project.
The California Sportfishing Protection Alliance (CSPA) is a party to the signing of the MOU. However, because the MOU violates state and federal law we cannot sign the MOU. We have specifically advised all parties about how the MOU violates state and federal law, including the Bureau, U.S. Fish and Wildlife Service and the U.S. National Marine Fisheries Service. Unfortunately, our written comments regarding the MOU have fallen on deaf ears with those representatives representing the Bureau and the U.S. Fish and Wildlife Service in California.
As a child, I like many Americans, was raised to tell the truth and obey the law. That was emphasized in my childhood by my parents. I was also told by my parents that should I not tell the truth and obey the law, I would face the consequences. I believe that should apply to governmental officials and their staff.
In California, fish are the property of the people of the state, and the fish are public trust assets. We have advised representatives of the Bureau in California, time and time again, that state and federal law requires the Bureau to release water at all times from Bradbury Dam to keep fish in good condition in the Santa Ynez River. Representatives of the Bureau at their Sacramento and Fresno offices have not obeyed the law, and in fact have ignored federal and state law.
It appears to me that representatives of the Bureau in California consider themselves exempt from federal and state law, and immune from penalities for willfully and knowingly violating the law. Fish need water to survive. The law is clear in that regard and so is the science. However, the MOU does not provide water at all times for the fish. How can the Bureau and the U.S. Fish and Wildlife Service sign the MOU, when in fact the MOU is in violation of federal and state law and conflicts with basis science for fish?
It is our understanding you will be flying the river and the project area on Sunday, June 19th. You on behalf of the Bureau have advocated "ecosystem management" How will the Bureau and the U.S. Fish and Wildlife Service manage the ecosystem of the Santa Ynez River without water flowing down the river? The MOU provides for fishery studies. How can the Bureau and the U.S. Fish and Wildlife Service study the fish without water flowing down the river?
There are federally protected threatened and endangered species in the Santa Ynez River. We have reminded the U.S. Fish and Wildlife Service at their Sacramento office (Wayne White) and their Ventura office (Craig Faanes) several times about their responsibilities in protecting these threatened and endangered species in the Santa Ynez River. Again, our voice fell on deaf ears. How can the Bureau and the U.S. Fish and Wildlife Service protect threatened and endangered species in the Santa Ynez River without water flowing down the river? When will the threatened and endangered species recovery plans be implemented by the Service on the Santa Ynez River?
We sincerely believe the Bureau must follow and obey the law and release water at all times from Bradbury Dam to keep the fish in good condition. We also sincerely believe the U.S. Fish and Wildlife Service has a duty to protect threatened and endangered species.
We believe it is unreasonable for the CSPA to be put into a position to sue the Bureau and the U.S. Fish and Wildlife Service over complying with the mandates of the law, when in fact by obeying the law and telling the truth, the fish, the ecosystem, and the threatened and endangered species will commence to recovery from the failure of the Bureau to operate its project in accordance with state and federal law when the Cachuma Project became operational many years ago.
We truly hope this administration will change the ways of the Bureau in California so that representatives of the Bureau tell the truth and obey the law. The future of the Santa Ynez River is in your hands as well as in the hands of the Bureau's and U.S. Fish and Wildlife Service's representatives in California.
Enjoy your trip to California and the Santa Ynez River. When you return, I would appreciate a written response to this letter. Thank you.
Respectfully Submitted
________________________________________
Robert J. Baiocchi
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 916-283-3767 (Quincy CSPA Office or 916-283-1007 (Law Office)
Fax: 916-283-5017