Subject: Water Grab - Stockton East Water District - Stanislaus River
Date: Fri, 23 Apr 1999 15:06:21 +0000
From: BOB BAIOCCHI <cspa@psln.com>
Organization: CSPA
To: email list

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE
P.O. BOX 357
QUINCY, CA 95971

Oakdale Irrigation District April 22, 1999
South San Joaquin Irrigation District
c/o Ms. Catherine McEfee
Senior Project Manager
EPI Associates
1200 Second Street, Suite 200
Sacramento, CA 95816

Re: In the Matter of Draft Environmental Impact Report for the Proposed
Water Transfer Project by the South San Joaquin Irrigation District and
the Oakdale Irrigation District; Comments by the California Sportfishing
Protection Alliance Regarding the Draft Environmental Impact Report

Dear Ms. McEfee:

According to the project description in the draft Environmental Impact
Report (DEIR) the Oakdale Irrigation District (OID) and the South San
Joaquin Irrigation District (SSJID) are the lead agencies for the
preparation of the DEIR for the proposed transfer of up to 30,000
acre-feet of surface water annually over a 10 year period from OID and
SSJID through existing conveyance facilities to the Stockton East Water
District and its customers, the City of Stockton, California Water
Service Company and the Lincoln Village and Colonial Heights Maintenance
Districts in order to reduce groundwater pumping and enhance recovery of
the Eastern San Joaquin Groundwater Basin. OID/SSJID have the option to
extend the terms of the water transfer agreement after the initial 10
year term, providing all parties agree, and appropriate additional
environmental documentation is completed.

The California Sportfishing Protection Alliance (CSPA) have reviewed
the DEIR and make the following comments:

1. Water stored at New Melones Reservoir on the Stanislaus River, a
federal project operated by the U.S. Bureau of Reclamation, will be used
for the proposed transfer. The USBR has a duty and responsibility in
meeting state water quality standards in the Bay-Delta and at Vernalis
in the San Joaquin River in operating the New Melones Project. The
Stanislaus River sustains threatened steelhead species and their
habitat, a federally listed species, which are protected under the
provisions of the federal Endangered Species Act. The U.S. National
Marine Fisheries Service, a federal agency, has a duty and
responsibility to protect threatened listed steelhead and their habitat
that use passage, spawning and rearing habitat in the San Joaquin River
and the Stanislaus River as well as the water quality environmental
needs of the threatened steelhead species and their habitat. The USBR
also has a duty and a responsibility to comply fully with the provisions
of the federal Clean Water Act in protecting water quality, and also in
protecting threatened steelhead species and their habitat in operating
the New Melones Project.

The DEIR is not sufficient to meet the requirements of the provisions
of the National Environmental Policy Act (NEPA) because of the
significant federal involvement associated with the proposed water
transfer as shown above. Consequently, a NEPA document must be prepared
by the USBR, pursuant to the provisions and requirements of NEPA. For
this reason, the DEIR is grossly deficient.

2. There is an on-going long-term Bay Delta hearing being held by the
State Water Resources Control Board. At the conclusions of the Bay Delta
hearing, the SWRCB will make a decision. The proposed decision has the
potential to effect and alter water rights and also water quality
standards for the San Joaquin River, including other portions of the Bay
Delta. The DEIR is premature and should be delayed until the SWRCB makes
a decision in the Bay Delta hearing process. In the event the DEIR is
not delayed, there should be a supplemental environmental document
prepared for the proposed project which complies fully with any and all
decisions pertaining to the Bay Delta hearing. For this reason the DEIR
is deficient.

3. The U.S. National Marine Fisheries Service (USNMFS) [U.S. Department
of Commerce] is in the process of adopting critical habitat for
endangered and threatened steelhead species, which includes Central
Valley steelhead and the San Joaquin River watershed which includes the
Stanislaus River. Critical habitat for threatened steelhead has the
potential to be adopted for the river reach above Goodwin Dam, and most
likely will include habitat below Goodwin Dam. Also, steelhead species
utilize the San Joaquin River as passage to tributaries of the San
Joaquin River, which includes the Stanislaus River.

The DEIR did not disclose that critical habitat for threatened
steelhead species will be designated in the coming months in the
Stanislaus River and the San Joaquin River. The DEIR did not evaluate
the potential direct, indirect, and cumulative impacts to critical
habitat for threatened steelhead species in the Stanislaus River and the
San Joaquin River because critical habitat for threatened steelhead
species has not been adopted and designated by the USNMFS.

The DEIR is premature and should be delayed until the USNMFS makes a
decision in adopting critical habitat for threatened steelhead in the
Stanislaus River as well as in the San Joaquin River. In the event the
DEIR is not delayed, there should be a supplemental environmental
document prepared for the proposed project which complies fully with any
and all decisions pertaining to the adoption of critical habitat for
threatened steelhead species in the Stanislaus River and the San Joaquin
River by the USNMFS. For this reason the DEIR is deficient.

4. Section 4(d) of the Endangered Species Act provides that whenever a
species is listed as threatened, the USFWS and/or the USNMFS shall issue
regulations deemed necessary and advisable to provide for the
conservation of the species. Conservation means the use of all methods
and procedures which are necessary to bring any endangered or threatened
species to the point at which the measures provided pursuant to the
federal Endangered Species Act are no longer necessary.

The Stanislaus River sustains threatened steelhead species and their
habitat. The San Joaquin River should provide safe passage for
threatened steelhead to the spawning areas in the Stanislaus River.

The DEIR is premature and should be delayed until the USNMFS makes a
decision in adopting regulations pursuant to Section 4(d) of the federal
Endangered Species Act for threatened steelhead in the Stanislaus River
as well as in the San Joaquin River. In the event the DEIR is not
delayed, there should be a supplemental environmental document prepared
for the proposed project which complies fully with any and all decisions
pertaining to the adoption of regulations to conserve threatened
steelhead species in the Stanislaus River and the San Joaquin River
pursuant to Section 4(d) of the federal Endangered Species Act. For this
reason the DEIR is deficient.

5. The USBR has a duty and a responsibility to make the necessary
releases from the New Melones Project to maintain federal and state
water quality objectives in the Stanislaus River; maintain water quality
state standards at Vernalis; and maintain water quality standards in the
Bay Delta.

The operation of New Melones Project by the USBR is subject and driven
by other operational constraints at the New Melones Project to met water
supply demands, environmental requirements, and water quality
requirements.

The proposed project would require reallocation of water from OID and
SSJID entitlements. The reallocation of water may result in changes in
New Melones Reservoir operation and also to flows and water quality on
the San Joaquin River at Vernalis.

The flow regime downstream of New Melones Reservoir is primarily
characterized by the current Interim Operation Plan for New Melones
Reservoir and the entitlements of water to OID and SSJID. The Interim
Operation Plan was developed by the USBR, California Department of Fish
and Game, and the U.S. Fish and Wildlife Service, and was designed to be
an interim plan for the years 1997 and 1998.

The DEIR did not disclose, evaluate, and include an Interim Operation
Plan for the proposed 10 year water transfer period which is in
compliance with the provisions of state and federal water quality
requirements, the federal Endangered Species Act, Bay Delta water
quality standards, Vernalis water quality standards, etc. The DEIR is
deficient for this reason.

6. Aside from flooding, the DEIR failed to disclose, evaluate, and
mitigate the cumulative impacts to aquatic species and their habitat in
the Farmington Canal as a result of the proposed water transfer. This
DEIR is deficient for this reason.

7. CEQA requires monitoring. The DEIR did disclose and recommend as a
mitigation measure the monitoring of water quality at Vernalis on the
San Joaquin River; the monitoring of water quality in the Bay Delta; and
the monitoring of water quality below Goodwin Dam in the Stanislaus
River during the period of the transfer. The DEIR is deficient for this
reason.

8. The DEIR failed to disclose, evaluate, and mitigate the cumulative
impacts to the environment resulting from the proposed water transfer
and also resulting from pending Water Rights Application 30603 which is
before the State Water Resources Control Board.

The Stockton East Water District (hereinafter known as the "District")
has applied to the State Water Resources Control Board (hereinafter
known as "SWRCB") to divert directly, at a rate not to exceed, 100 cfs
for domestic uses, 450 cfs for irrigation and 200 cfs for groundwater
recharge. Direct diversion will total no more than 252,000 acre-feet per
annum (afa). No more than 155,000 afa will be diverted to storage. The
total combined amount taken by direct diversion and storage during any
one year will not exceed 407,000 afa.

To transport these diversions of water, the District has completed a
project that takes water from the Stanislaus River and delivers it to
the District's water treatment plant east of Stockton, California. The
entire project is approximately 40 miles long. Starting from the eastern
end of the project, water flows from the New Melones Project into the
Stanislaus River and downstream into Goodwin Dam.

The point of diversion, the first component of the conveyance system,
is the diversion structure, which was completed in 1991, at Goodwin Dam.
Water conveyed from here through a 3.3 mile tunnel, and then into and
through the 10 mile Upper Farmington Canal. From the canal. the water is
transported though Shirley Creek, Hoods Creek, and Rock Creek. The
District has completed improvements in these areas to use these 16 miles
of natural streams. Water is rediverted from the natural streams through
a rediversion structure at Rock Creek, and then is placed into the 8.6
mile Lower Farmington Canal. Water is carried through a 3.2 mile-long
buried pipe to the District's treatment plant where it is then
distributed to the City of Stockton, California Water Service Company
and San Joaquin service districts. These components of the conveyance
system are completed.

The District proposes to divert water from the Stanislaus River
tributary to the San Joaquin River. The points of diversion are at New
Melones Dam and at Goodwin Dam.

The points of rediversion are: (1) Shirley Creek, (2) Hoods Creek, (3)
Rock Creek, (4) Rock Creek Diversion Facility, (5) Calaveras River, (6)
Mosher Creek, (7) Duck Creek, (8) North Fork Littlejohns Creek, and (9)
South Branch of Littlejohns Creek.

As shown in the public notice of Application 30603, the amount of water
applied for is 750 cfs (Direct Diversion), not to exceed a total of
252,000 afa; and also 155,000 afa (Storage); Water will be used for:
Municipal and Irrigation purposes. The applicant has requested to divert
water from November 1 to June 30 of every year.

The proposed appropriation in conjunction with the present uses have
the potential to have and/or are having adverse direct, indirect, and
cumulative environmental impacts to the public trust resources of: (1)
Stanislaus River watershed; (2) San Joaquin River watershed; (3)
Calaveras River watershed; (4) Shirley Creek watershed;(5) Hoods Creek
watershed; (6) Rock Creek watershed; (7) Mosher Creek watershed; (8)
Duck Creek watershed; (9) North Fork Littlejohns watershed; and (10)
South Branch Littlejohns Creek watershed.

We reference Water Right Application 30603,
Stockton East Water District, Applicant, Major Water Project,
Stanislaus River Tributary to San Joaquin River Watershed, and Shirley
Creek, Hoods Creek, Rock Creek, Rock Creek Diversion Facility, Calaveras
River, Mosher Creek, Duck Creek, North Fork Littlejohns Creek, and South
Branch Littlejohns Creek, Points of Diversion, Rediversion and Place of
Use Within San Joaquin County - Interbasin Transfer of Water.
We reference formal protest by California Sportfishing Protection
Alliance filed with the State Water Resources Control Board in January,
1999 against Stockton East Water District, Applicant, Water Right
Application 30603.

"Cumulative impacts" are defined as two or more individual effects
which, when considered together, are considerable or which compound or
increase other environmental impacts. We reference CEQA Guidelines,
Section 15355; See Public Resources Code Section 21083, subd. (b).

Cumulative impacts can result from individually minor but collectively
significant projects taking place over a period of time. We reference
CEQA Guidelines, Section 15355, subd. (b).

The DEIR did not include a "cumulative impact analysis" which disclosed
and evaluated the potential cumulative impacts to the public trust
resources and environments of the Stanislaus River, San Joaquin River,
Calaveras River, Shirley Creek, Hoods Creek, Rock Creek, Mosher Creek,
Duck Creek, North Fork Littlejohns Creek, and the South Branch
Littlejohns Creek, resulting from the proposed water transfer and Water
Right Application 30603.

A legally adequate cumulative impacts analysis thus is an analysis of a
particular project viewed over time, and also in conjunction with other
related past, present, and reasonably foreseeable probable projects
whose impacts compound or interrelate with those of the at hand. The
purpose of such an analysis is to "assess cumulative damage as a whole
greater than the sum of its parts." We reference Environmental
Protection Information Center v. Johnson (1st Dist. 1985) 170 Cal.App.3d
604,625 [216 Cal. Rptr. 502].

Unless cumulative impacts are analyzed, and the cumulative impacts were
not analyzed by the OID and SSJID as is the case with the DEIR for the
proposed project and Water Right Application 30603, agencies such as the
OID and SSJID tend to commit resources to a course of action before
understanding its long-term impacts. Consequently, a proper cumulative
impact analysis must be prepared for a proposed project, before a
project gains irreversible momentum. We reference City of Antioch v.
City Council (1st Dist. 1986) 187 Ca;.App.3d 1325, 1333 [232 Cal.Rptr.
507], citing Bozung v. Local Agency Formation Commission (1975) 13
Cal.3d 263, 282 [118 Cal.Rptr. 249].

Like every aspect of CEQA, "the requirement for a "cumulative impact
analysis" must be interpreted so as to afford the fullest possible
protection of the environment within the reasonable scope of the
statutory and regulatory language." We reference Citizens to Preserve
the Ojai v. Board of Supervisors (2d Dist. 1985) 176 Cal.App.3d 421,
431-432 [222 Cal.Rptr.247], citing Friends of Mammoth v. Board of
Supervisors (1972) 8 Cal.3d 247, 259 [104 Cal.Rptr. 761].

The DEIR is grossly deficient and is in violation of the California
Environmental Quality Act and its Guidelines because it failed to
disclose, evaluate, and mitigate the cumulative impacts to the
environment and also the operation of the New Melones Project resulting
from the proposed water transfer and also resulting from pending Water
Rights Application 30603 with the State Water Resources Control Board.
(Our Emphasis)

9. We incorporate by reference the comments letters of the South and
Central Delta Water Agencies, the Audubon Society, the Delta Keeper, and
the Mother Lode Chapter of the Sierra Club.

That concludes the written comments of the California Sportfishing
Protection Alliance. Place the written comments into the records for
this proceedings. These written comments are being forwarded by fax
communication on April 23, 1999 from 530-836-062 (Bob Baiocchi,
Consultant) to Catherine McEfee, Senior Project Manager, EIP Associates,
at 916-325-4810. The written comments will also be mailed by first class
mail to Catherine McEfee, Project Manager, EIP Associates, 1200 Second
Street, Sacramento, CA 95816.

Please forward a copy of the final EIR to Bob Baiocchi, Consultant,
CSPA at the address listed below, and also Bill Jennings, Chairman, CSPA
at the address listed below, including a copy of the certification of
the EIR, a copy of the approval of the proposed project by the
Districts, and also a copy of the Notice of Determination.

Respectfully Submitted

FOR
___________________________________________
Bill Jennings, Chairman
California Sportfishing Protection Alliance
3536 Rainier Avenue
Stockton, CA 95204
Bus Tel: 209-464-5090; Fax: 209-464-5174

SIGNED BY BOB BAIOCCHI
____________________________________________
Robert J. Baiocchi, Consultant
For: California Sportfishing Protection Alliance
P.O. Box 357
Quincy, CA 95971
Bus Tel: 530-836-1115; Fax: 530-836-2062
Service List

Ms. Mary Nichols, Secretary
The California Resources Agency
1416 Ninth Street
Sacramento, CA 95814

Mr. Hugh F. Smith
Division of Water Rights
State Water Resources Control Board
P.O. Box 2000
Sacramento, CA 95812-2000

Dr. William T. Hogarth, Ph.D
Regional Administrator
U.S. National Marine Fisheries Service
501 West Ocean Boulevard, Suite 4200
Long Beach, CA 90802-4213

Mr. Wayne White, State Supervisor
U.S. Fish and Wildlife Service
3310 El Camino Avenue, Suite 130
Sacramento, CA 95821-6340

Mr. Jim Bybee, Supervisor
U.S. National Marine Fisheries Service
777 Sonoma Avenue
Santa Rosa, CA 95404

Mr. Robert Hight, Director
Department of Fish and Game
1416 Ninth Street
Sacramento, CA 95814

Mr. Jim Crenshaw, President
California Sportfishing Protection Alliance
1248 East Oak Avenue, Suite D
Woodland, CA 95695

Interested Parties (numerous by e-mail)