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