THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (02/16/2010)
Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received
SWRCB APPLICATION A026682 Orland Unit Water Users Association, East Park
[Not on the
http://swrcb2.waterboards.ca.gov/ewrims/wrims-data/
website -
]
[from scan for Alchemy/microfilm management]
[assume] Cat 1 CORRESPONDENCE VOL. 1 OF 1 RECORD OF FOLDER
[" F " - date filed if date originated not evident]
[Inside of file front cover]
Applicant: Orland Unit Water Users Association
Address: c/o Paul R. Minasian; Minasian, Minasian, Minasian, Spruance &
Baber, P.O. Box 1679, Oroville, CA 95965
Permit to be issued before 01/22/1983 unless protested
Application 26682
Applicant: Orland Unit Water Users Association
Date filed 01/07/1981
Maps Filed ___ County 6 Fee $30.00
Forms Sent 01/22/1982 - 8, 8a, 8b;
Protests:
022482 Francis & Marie Graham, Answered 03/02/1982
032582 County of Colusa, Answered 05/12/1982
Remarks
030282 Afft of Publ Rec'd
030982 Afft of Publ Rec'd
111982 Hearing to be held 12/15/1982
012484 Canceled per req. of applicants
Record of Fees:
010781 $10.00 Ap
012781 $20.00 Permit [see below]
Data card? mostly illegible
another page, illegible
PAPERS "BOUND" IN FILE (re-sorted in date order):
1981
010781 "Re: #26682, Maps by Thomas J. O'Neill, #E. C30735 too large to
film; General Plan, Prop. Map & Location of Principal Facilities, also
Prelim. Map
123180 New Application, Orland Unit Water Users Association, by mail,
Fees Received $10.00, fee total, $30,090, Fee Due $20.00; Accept 01/07/1981,
stream code 0-330-00-00-0, Map Code F-44, Quad name Gilmore Peak, Calif,
15', Adjudicated area? No (for power)
010781 Application to Appropriate Unappropriated Water, Little Stony
Creek, tributary to Stony Creek thence the Sacramento River, East Park Dam,
600 cfs 01/01 - 12/31; p. 2 Pipe, Cast iron, 5 foot diameter, 68' long,
0.5 feet lift or fall, 600 cfs: Dam 87' high? 220' long, 3' freeboard, 1600
surface acres, 51,00 a-f capacity, access "United States Water and Power
Resources Service owns land for benefit of and use of Applicant pursuant
to Orland Unit project authorization."; p. 3 fall 87 feet, 600 cfs, 5932
HP, for sale, Francis Turbine; p. ??; "It is not expected that any fish
or wildlife habitat will be adversely affected"; diverters downstream:
OUWUA, GCID [uh, nobody else?]
122280 letter Stevens/Tudor Engineering to SWRCB; enclosed OUWUA East
Park Ap & $20, maps to come, questions to Minasian [filming is crooked]
DATED? Form letter, Div Water Rights to OUWUA; almost unreadable,
acknowledgement of receipt of Ap & assignment of #26682 ? $20.00 additional
due.
010881 letter O'Neill/Tudor Engineering to SWRCB; maps enclosed
061181 letter Minasian/atty to Chandler/Div WRights, understand you will
notice hearings on all 6 simultaneously.
110281 letter Meith/Minasian to Atherton/Div WRights, to set forth
agreement for "procedural handling of any reconsideration by the Board and
Court review of the action of the staff in rejecting" OUWUA aps because
rights are in Reclamation; "agreed that litigation on this issue at this
time may be substantially affected by the outcome of the Board's
deliberations and decision on the competitive applications of the City of
Santa Clara and Orland Unit to appropriate the water necessary for the
Projects. Obviously, that Decision could render any action on the above
Petitions totally moot. It is agreed that the 30 day limitation period
set forth in Section 1705.5 should commence only after the issuance of
final Board action in this proceedings. [para] Therefore, it is
stipulated that any Petition for a Writ of Mandate pursuant to the
provisions of Section 1705.5 of the Water Code shall be filed within 30
days of the final Order of the board issued in the competitive proceeding
for" all 6 aps. [p. 2] indicate acceptance by sign and dating and returning
the enclosed copy,.
120381 contact report, Chesler/Div WRights called Minasian/atty; need
environmental info portion of ap, Paul said he'd send it right away
121681 letter Paul Minasian/atty to Chestler [sic]/Div WRights; enclosed
is environmental questionnaire
121481 Environmental Information; APN? none, land owned by federal gov't;
designation? Open Space - Federal Ownership; "The project involves
installing a hydroelectric generator on an existing penstock at the base of
the dam. The footing and structure housing the generator would become
part of the foot of the dam and keyed into the already excavated and
bared area."; grazing land, pasture; photos "see investigation files which
contain photographs of existing valves at Eat park reservoir"
1982
010482 form letter Walsh/Div WRights to OUWUA; many power aps, would
help if you furnish certain info: FERC project #, competing FERC aps;
copy of FERC ap whether or not filed for FERC exemption, FERC approvals,
other agency approvals required; environmental consultations &
investigations
012282 form letter Walsh/Div WRights to CDFG, RWQCB Region 5, County
Planning/Public Works, boating & Waterways; copy of water right notice,
impact comments within your expertise, approvals required from your agency;
no reply within 15 days assume none.
012282 form letter Walsh/Div WRights to Applicant; ap meets requirement,
run enclosed public notice in Colusa Sun-Herald, proof of publication by
03/23/1982
012282 Public Notice Mailing List for Ap
012282 Notice of Application to Appropriate Water, on 01/07/1981 OUWUA
applied for a permit, 600 cfs from Little Stony at East Park
012282 Notice to Postmaster, please post
012282 Route Sheet - Application Unit
010781 A check list for a new application
120281 [title cut off] Completion Checklist [?]
121881 Water Conservation Review Form (Application Section)
020182 Form Memo Paul T. [???]/CDFG to Div WRights, No concerns,
Neg Dec appropriate
020482 letter Schuster/Reclamation to Walsh/Div WRights, no objection
to OUWUA ap, but if OUWUA obtains an FERC license it will require a
contractual agreement with Reclamation, "provide, among other things,
for access, construction, operation, and maintenance of a powerplant
by the Association, and will ensure the safety and integrity of
the Federal facility and project operations." & assume Term 22, Right
of Access will be required
021582 note, Francis G. Graham to SWRCB, please forward protest
forms for Ap. 26682
022282 Protest, Francis G. and Marie Graham, Encvironmental, "Little
Stony Creek which
Runs through our property and is utilized to empty reservoir thus posing
threat to propety" "The rate of speed at which this water would be
releaqsed is much in excess of the usual rate of flow from the reservoir
and in our opinion destroy the ecologic balance which now exists causing
(1) erosion (2) destruction of trees and foliage along the banks (3)
Destruction of further land by [??] resulting from blocking by destroyed
trees being pushed down stream and (4) resulting changing of the channel of
the creek, in addition by emptying the reservoir in a short period of
time, ecologic balance and agricultural use of the land would be destroyed
in that live stock as well as wild animals indigenous to the area would
lose their water supply." Terms "withdrawal of Orland Water Users request
for water."
022582 letter Minasian/atty to Div WRights; enclosed answer to Graham
protest
022582 Answer to Protest of Francis G. and Marie C. Graham, 1. OUWUA
"presently controls the releases of water from East Park Reservoir. The
appropriative right filings simply provide for the hydroelectric
generation of energy with the releases as presently controlled. No
change would occur in the variances or alterations of releases presently
controllled by the applicant. [para] 2. No change would occur in the
present surrounding or resulting environmental conditions. [para]
3. No change in the availability of water for wild animal or livestock
use pursuant to water rights existing would occur since there would be
no changes in the way in which water is released including the maximum
or minimum flows."
022582 Proof of Service
022582 letter Minasian/Atty to Chandler/Div WRights, enclosed Proof
of Publication
022382 proof of publication, Colusa Sun, pretty much illeguble
030582 letter, Minasian/Atty to Div WRights, enclosed Proof of
Publication, please file & return endorsed file copy; handwr:
"Returned" 04/16/1982 [?]
022382 proof of publication, Colusa Sun, pretty much illeguble [another
copy]
022384 [sic] letter Peterson/Chair, Colusa County Board of Supervisors,
to Div WRights; protest of East Park Power Generator, concerned about the
"power plant and the potentially significant impact it would have on
the reservoir's water storage capacity. East Park Reservoir is the
only warm water lake in Colusa County that is large enough to accommodate
family recreation, water skiing, fishing, camping and boating. We fear
that the rapid depletion of water from the lake to operate the generator
would drain water from the lake much earlier than would be desirable.
[para] We apologize for the lateness of this letter. Interested residents
only recently brought this matter to our attention and we had somehow
missplace or rechanneled the original project notice. Please place this
office, Board of Supervisors, on yhour mailing list for the scheduled
hearing."
032382 [Environmental] Protest, Colusa County Board of Supervisors,
see attached letter
032382 proof of service of Protest on Div WRights
041482 or 041082 memo [to?] Buck Taylor, [from?] Dave Sabiston;
"A copy of the attached 'Background Sumary' [sic?] has been filed with each
of the six competing applications. The sumary [?] includes the information
requested in your note dated" 03/31/1982.
6 competing applications; Santa Clara asked for the Board's legal opinion;
"Hearing Section staff is not aware of any precedents in the use of
Water code Section 1775, et seq. The intent of Section 1775 seems clear,
however, to give the Board discretion to require a joint effort to
develop the full potential of a stream if the holder of the appropriation
is not capable of doing so. In this case, the competing projects are
virtually identical, the only difference being the Association's ability
(as operator) to make some modifications in their release schedule to
optimize power production (although in Minasian's letter to the board
dated" 12/18/1981 "he statedd 'Orland Unit obviously has the ability to
corrdinate releases and minimize power generation" - must be a typo!).
Santa Clara, of course, would merely be generating incidental power from
the regularly schedule releases. [para] It would seem that the Association
must build a very convincing case that their operation of the retrofit
hydroelectric projects would result in a significantly higher power
production, and thus a larger portion of the stream potential, to
qualify for use of Section 1775. [para] For further background on the
Association's legal challenges to Santa Clara's applications, see the
correspondence between Carole Atherton and Minasian's staff (filed in
Application 2212, Folder 3). Minasian's letter dated" 08/07/1981 [?]
"claims that the Association, rather than USBR, owns the water rights
to the Orland Project. The current complaint regarding the use of
Water Code Sectin 1775, et. seq., is simply an attack from a different
flank. [p. 2] Conclusions - If the Court does not grant the Association
the right to invoke Water Code Section 1775, et seq., it may not be
necessary to hold a hearing on these applications. The protests still
outstanding (see Table B of summary) can probably be resolved on the
basis that project operations will be unchanged from past practices.
The Association will probably not be agreeable to discussing their
protests under any circumstances, but without FERC permits and water
rights priority (on Stony Gorge and Black Butte), they really no longer
would have a basis of protest [para] It seems unlikely that either
applicant will pursure the East Park project if the conclusions in
USBR's October 1981 appraisal report are valid."
041282 Memo to files Qualley/Hearing Section 12 pp.; BACKGROUND
SUMMARY: COMPETING POWER FILINGS ON THE FEDERAL ORLAND AND BLACK BUTTE
PROJECTS
- 040582 Table A, Orland Project Power filings, Key Dates for Water -
Rights Apps. & FERC Apps.; OUWUA FERC petition #3946?, [what was?] granted
04/03/1981 [FERC prelim permit? SWRCB prelim permit?]
- 040582 Table B, Protests on Orland/Black Butte Project Power Filings -
[see 26378.htm]
- Figure 4-1 East park Dam, Stgony Gorge, & Black butte Dam, Hydroelectric
Project, Location Map
042682 letter Minasian/atty to Div WRights, enclosed answer to protests
of Donald Bafus & Suzanne Graham-Bafus
042682 Answer to Protest of Donald Bafus and Suzanne Graham-Bafus;
1. OUWUA "presently operates East Park Reservoir for the purpose of
storing waters and release of those waters for consumptive use. No
change in the method, quantity or rate of diversion and release of
wasters would occur under the proposed power generation.
2. No destruction of trees, foliage or other erosive or detrimental
effects from water releases would occur since no change will occur in
the way in which waters have been released from the East Park Reservoir
in the past." (2 copies)
- 042682 Proof of service (2 copies)
042182 Protest, Environmental, Donald Bafus and Suzanne Graham-Bafus;
"I am a property owner in Stonyford, California. My property is located
approximately one half mile from the East park Reservoir. Little Stony
Creek, the creek utilized to empty this reservoir, runs through my
property. The rate of speed which Oroville [sic] intends to release
this water is much in excess of the usual rate of flow from the
reservoir and would in my opinion destroy the ecologic balance which
now exists by causing 1) erosion 2) destruction of trees and foliage
along the banks, 3) destruction of further land by backup resulting
from blockage by destroyed trees being pushed down stream and
4) resultant changing of the channel of the creek. In addition, by
emptying the reservoir in a short period of time ecologic balance and
agricultural use of the land would be destroyed in that livestock as
well as wild animals indigenous to the area would lose their water
supply."
042682 [?] letter Halterman/Hearing Unit 2 to Shimmel; protest received
03/10/1982 "is being returned for signature and copletion of items 3 and
4. You are granted 15 days from the date of this letter to complete and
return your protest to us for evaluation."
042882 letter Halterman/Hearing Unit 2 to Francis G. & Marie C. Graham;
Your protest, received 02/24/1982. "is accepted. We believe the harm you
allege may be caused by this proposed project is also of an environmental
nature. Therefore, your protest will be modified to include this concern
unless we hear to the contrary within 15 days of the date of this letter.
[para] The applicant has submitted the enclosed answer to yur protest.
If this additional information alleviates your concerns regarding the
filing, please let us know within 15 days of the date of this letter.
Your protest will then be dismissed. If your concerns are not alleviated,
the applicant and you should attempt to resolve the points at issue;
otherwise, a hearing will be necessary to resolve the matter."
042882 form letter Halterman/Div WRights to Peterson, Chairman, Colusa
County Board of Supervisors; protest accepted, but nothing checked so
don't know if further action needed or not;
042882 letter Halterman/Div WRights to Minasian/OUWUA atty, enclosed
copy of Division letter accepting Colusa County protest, answer within
15 days with copy to Colusa, if maybe settlement time for answer may be
extended but you have to request an extension.
050582 letter Halterman to Donald & Suzanne Bafus; protest mailed
04/23/1982 & received 04/27/1982, period expired 03/23/1982 so cannot
accept protest; it will be made part of the file & considered when a
decision is made on Ap 26682, and "if a hearing is held you will be
notified so you may appear as an interested party."
051082 letter Minasian/atty to Div WRights; enclosed answer to
Colusa County Board of Supervisors; sent them one also, ask for return
of stamped copy in the envelope; handwritten, "Returned" 05/13/1982 ?
051082 Answer to Protest of Colusa County Board of Supervisors;
1. OUUA "presently controls the releases of water from East Park
Reservoir. The appropriative rights filings simply provide for the
hydroelectric generation of energy with the releases as presently
controlled. No change would occur in the variances or alterations of
releases presently controlled by the Applicant.
2. No change would occur in the present surrounding or resulting
environmental conditions.
3. No change in the availability of water for recreational use pursuant
to water rights existing would occur since there would be no changes in
the way in which water is released including the maximum or minimum
flows."
- Proof of service
052782 memo Qualley to files, all 6 aps; notes similarities between
attached FERC order and the competing projects, thought it useful to copy
order to all 6 files;
050382 Order Denying Appeal 19 FERC para 61,098, DWR 3209, North Kern -
Water Storage District 3518, Kern County Water Agency 4124; award in
order: 1) best "adapted to develop, conserve, and utlize in the public
interest the water resources of the region"; 2) a municipality; 3) first
ap accepted, 18 cfr 4.33(g); Kern 1) it was first and DWR copied its
plans, 2) as controlling of releases best able to optimize power, & 3)
they spent all the money on that storage and ought to get the benefit;
FERC said, naaa.
052482 letter Halterman/Div WRights to Peterson/Chair, Colusa County Board
of Supervisors; "Applicant has submitted the enclosed answer to your protest.
If this additional information alleviates your concers regarding the filing,
please let us know within 15 days of the date of this letter. your protesT
will then be dismissed. [para] If your concerns are not alleviated, the
applicant and you should attempt to resolve the points at issue. Otherwise,
a field investigation or hearing will be necessary to resolve the matter...."
081982 letter Sabiston/Hearing Section to Minasian/OUWUA atty &
McCarthy/atty Santa Clara; planning a combined hearing on all 6 aps;
NCCFFC = Northern California Council of Fly Fishing Clubs, Roy Haile,
President, P.O. Box 725 Dunsmuir, CA 96025; Kathryn Scheer, 18 East Rosemont
Ave., Alexandria, VA 22301; Suzanne Graham & Donald Bafus, 4114 Clovernook,
Seabrook, TX 77586; Francis & Marie Graham, 327 Foote Avenue, San Francisco,
CA 94112;
102582 letter Sabiston/Div WRights to all, 6 competing applications,
hearing 12/15/1982, time & place tbd.
110282 letter Paul Minasian/aty to Sabiston/Div WRights; asks for a
conference to: 1) identify isues, 2) provide for the order of presenting
evidence, 3) briefing schedule in advance of the hearing, 4) provide for
attendance and participation of Reclamation (is this an ex parte
communication?)
111082 letter Bieg/Hearing Unit to Minasian; staff atty Buck Taylor
assigned to this hearing out of the country until 11/29/1982, schedule
conference for 12/02/1982 10:00 a.m.; copies are notice to all parties
111982 Water Right Hearing Notice for 12/15/1982 10:00 a.m.; 2 pp. -
UNDATED form Information Concerning Appearance at Water Right Hearings; -
enclosed hearing pamphlet, 733.5 rules to discourage surprises; 1) submit
to the board & other parties a list of witnesses per enclosed forms;
2) copy of proposed exhibits to each party & 3 copies to the board;
and proponent's shall include environmental documents; 3) "At least ten
days before the hearing, each party intending to submit testimony
regarding cumulative environmental impacts shall supply one copy of that
testimony in writing to each party and" 3 copies to the board. No comply
with 733.5, may be considered intent not to appear, yielding cancellation of
the hearing, etc.; if hearing cancelled or rescheduled, only those notifying
of intent to appear will be informed;
Mailing list for Applications 26745 et. al. (should be et seq. or etc.?)
Staff Summary for Hearing, 6 pp; - [see 26378.htm]
120982 contact report, Bieg called David Johnson, President-Elect,
Colusa County Chamber of Commerce; "Called regarding his letter of"
12/07/1982 "protesting Applications 26745 & 26682. I told him that
we could not accept his protest since the protest period had expired,
but said he could attend the hearing and be heard as an interested party."
123082 [?] letter Bieg/Hearing Unit to Johnson/Colusa County Chamber
of Commerce; your letter of 12/07/1982 "stated certain points of protest
against approval of either Application 26745 or 26682. As discussed with
you during our telephone conversation of" 12/09/1982, "the protest period
is closed and we therefore cannot accept any additional protests. [para]
As stated during our conversation on" 12/09/1982 "your letter will be
included in the files of Applications 26745 and 26682. You may also
attend the scheduled hearings on these applications and participate as
an interested party." & added to mailing list...
1983
011183 vNotice of Postponement, 01/19/1893 to 02/23/1983
mailing list
022283 Water Right Hearing Notice; Hearing to Reconvene 03/18/1983,
"Key issue: Should the Board grant permits for power generation at the above
locations? If permits are granted, which of the competing applications
should be approved?"
031183 Notice Regarding Hearing, Aps 26745 & 26682 will be deleted
from the hearing scheduled for 03/15/1983
mailing list
120683 letter Bieg/Associate WRC Engineer to Meith/Minasian attys &
McCarthy/Deputy Santa Clara City Atty; "On 12/15/1983 "one day of hearing
was held in the matter of the above listed applications (Application 26745
of the City of Santa Clara was part of that hearing but has since been
cancelled.) An additional hearing data [sic] was scheduled but was
cancelled when it appeared that an agreement could be reached which would
resolve all of the protests. [para] since that time the Board has
deferred action to allow the parties time to complete the agreement.
[garbled] interim there have been numerous indications that an agreement
would be submitted to the Board within a short period of time. [para]
The last estimated data for submitting an agreement was on or about
December 1, 1983. [para] If an agreement is not now ready for submission
to the Board, it has become necessary for you to send a letter to the
Board which states the reason for the delay and establishes a target
date: (1) for completing the agreements; (2) for resolving all protests;
and (3) when authorization will be submitted for cancelling those
applications which are unnecessary...."
120283 letter Meith/atty to Bieg/Div WRights; OUWUA & Santa Clara
have settled water rights; GCID & Santa Clara have agreed to settle water
rights, signing of stip pending; OUWUA withdraws ap for East Park;
121583 letter Bieg/Hearing Unit to Meith/atty; per your letter 12/02/1983
OUWUA Ap. 26682 "submitted for cancellation."
Mailing list
010781 Application to Appropriate Unappropriated Water; OUWUA, Little
Stony, Power, 5 foot diameter 48' long Cast Iron Pipe, 0.5' fall, 600 cfs,
start 01/1984 finish 01/1986, 5932 hosepower, Francis Turbine, "it is not
expected that any fish or wildlife habitat will be adversely affected",
diverters downstream OUWUA & GCID, applicant does not claim an existing
right for the use of water sought, signed by Minasian/atty
120683 letter Bieg/Associate WRC Engineer to Meith/Minasian attys &
McCarthy/Deputy Santa Clara City Atty; another copy
010583 letter Bieg/Associate WRC Engineer to Shuster/Reclamation;
"inquire into the following subjects when a Bureau representative testifies
at the hearing. . .: [see 26378.htm]
Mailing List
010583 letter Walsh/Div WRights to Bryan/Willows Public Library; [see
26378.htm]
Mailing List
012484 Order Rejecting And Canceling Application 26682, per OUWUA
request
Return to Stony Creek Water Wars.
--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com