THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley (06/11/2009)

Comprehensive, Chronological INDEX of the case ; F=Filed, L=Lodged, S=Signed, R=Received

SWRCB APPLICATION A030010 - Salt Creek to North Fork

[see also http://swrcb2.waterboards.ca.gov/ewrims/wrims-permits/p00XXXX.pdf ] [CHECK]

[schedule of allowed Angle Decree usage at http://www.mjbarkl.com/limits2.htm ; petition by a State Agency not covered by Angle Decree but owner of land, U.S. Forest Service is, so CDF becomes an "assign". ]

VOL. 1 OF 1 RECORD OF FOLDER [" f " - date filed ]

Inside File Cover:

Application: 30010 Permit 20617
Applicant: California Department of Forestry & Fire Protection - Salt Creek Conservation Camp

Map Code #043
Quad Name Hall Ridge

Form No. WR 2
Application 20579 see Index

Applicant: U.S. - Mendocino National Forest
Date filed 9/27/91
Maps Filed: 9/27/91-E,A
County No. 52
Fee: $100.00
Forms Sent: 2/7/92 - 8,8a,8b

Remarks: 2-19-92 Stmt of Posting; 4-16-92 Permit 20617 issued

Application: 9/27/91-$100.00
11-5-91 $850 DFG pd
Permit 4-16-92 $100.00

July 1984 Bound Decree, "Hallett Creek Adjudication", In the Superior - Court of the State of California in and for the County of Lassen, Decree No. 16291, Hallett Creek Stream System in Lassen County, California, California State Water Resorces Control Board, penned "File with CDF Application Salt Creek"; why? 8 claimants, 15 pages [tidy decree!];
UNDATED narrative, "In May 1987 the California Department of Forestry - and Fire Protection with the California Department of Corrections opened the Salt Creek Conservation Camp (S34 T23N R7W). This facility is designed to handle 120 adult male inmates, plus a staff of 28 for a total of 148 people. [para] From the beginning, we have had water problems at this facility, either lack of water or poor quality. This has attributed to a high number of man hours and dollars being spent on this problem. We now have reached a critical situation, which peaked in September 1990, with the temporary closure of the facility. [para] CDF has located a surface water source on the Mendocino National Forest in Tehama County. This source is the Salt Creek drainage just south of our facility. We are proposing to divert water from this drainage via a 1 1/2"-2" pipeline in Section 34 [Section 33 crossed out] Township 23N, Range 7W. This pipeline would gravity feed into a 10,000 [sic, gallons?] concrete water tank at our well house. After this tank is full, the overflow would return to the Salt Creek Drainage. This water is needed to supplement our existing well system which we will use for back-up. [para] The water from the creek will be filtered, chlorinated and stored in concrete tanks at Salt Creek Conservation Camp for our use. [para] We plan on keeping the existing system intact for emergency use or to supplement the surface water. The existing system consist of three vertical wells and one horizontal well. These wells give us varying amounts of water depending on the time of year, but they are not enough to support our facility."
file folder stock, marked "source 2/22/91" on back, with photos on front; 1 & 2) Feb 22, 19091, Soruce, S 34 Twp 23N Rng 7W, judging by the leaves, 5' tall 3" wide waterfall over rocks into a pool; November 1990 4 miles Downstream, Sec 5, Twp 22N, Rng 6W, from Road 200 looking upstream [judging from shadows & memory] from bridge? creek dry; November 1990 5 miles downstream Sec 4 Twp 22N Rng 6W looking south? from Road 200 bridge just above confluence of all 3 branches;
031291 Application to Appropriate Water by Permit, Environmental Information, Ap. 30010, "heighten an existing water basis and gravity flow water from our point of diversion to a holding tank at Salt Creek Conservation Camp. All mechanized equipment will be held to a minimum." APN 83-210-06 Section 34; Federal Lands; downstream: agricultural, private cattle grazing; willows, oaks; "some brush and rocks will have to be removed to make way for the pipeline. Most trenching and excavation will be by hand.
031291 Application to Appropriate Water by Permit; normal years dries up May - October; diversion at NW 1/4 of SW 1/4 Section 34 T23N R7W MDB & M; N779300 E1821100 Zone 2 California Coordinates; 20,000 gpd year-round, .031 cfs, 22.4 a-f/yr; 12 buildings, 10000 s-f lawns/gardens; 500 gpd vehicle washing; max inmates 130, Aug 1 bus full visiting firefighters (50, full staff 30, family visitors 50, "facility & occupants does not conform to average duties [?]", any given weekly need [?] may have to support more than a single shift. Owner is United States Department of Agriculture, Mendocino National Forest; gravity by means of pipe via a siphon system; start 1991 complete 1991
031491 form New Application; fee 100.00, Stream code 0-130-02-00-0; Map Code E043, Quad Name Hall Ridge; Angle Decree Equity #30, Term #92; Federal Water Master George Wilson, Fair Oaks, CA 967-3435; mailing list requested 6-14-91; fully appropriated, exempt by water exchange, 91-07 Sec 5 Memo Sept 1991 Division Chief Approval;
031291 Memo Horel/Chief Engineer to Diaz/Chief, Div WRights; "property where the camp is located is owned by the U.S. Department of Agriculture, Mendocino National Forest"
021888 copy of Face of Opinion by California Supreme Court "In re Determination of Rights to Water of Hallett Creek Stream System.", S.F. 25133, CA 3 No. C000042 (3 Civ. 24355, Super. Ct. No. 16291, "In this case we must decide whether the Unied States has California riparian water rights on federal land reserved for national forest purposes, and, if so, whether such rights are inherently 'defeasible,' or subordinate to all other approved water uses. As to the first issue, we conclude that the federal government does have such riparian (handwr: see pgs. 17-29) rights; as to the second, that those rights are no more defeasible than the riparian rights of other California landowners (handwr see pg 29-35)."
032291 contact report Tom Lavenda call from Gary Durden CDF Salt Creek - Camp Chief; delivered to ofc 3/14/91 app "to appropriate from Salt Creek on Forest Service lands for the F.S. Camp on Mendocino National Forest. While here Gary spoke with Roger Dupuir [?] and I exploring 'options' to quick access to water. Roger discussed the 'HALLETT CREEK' Ca Supreme Court Decision regarding F.S. Riparian rights. [para] Gary has requested a copy of the Hallett Creek Decision and a memo expressing our position on riparian rights or they may apply to their needs on Salt Creek. [later para?] 'In our opinion may exercise riparian right but should apply for appropriative right' 'should get a legal interpretation.'" extracts of the Supreme Court opinion;
032791 memo Jim Kassel to TL please call Fred Lambert, wants copy of any correspondence to Fred Lambert, Tech Services Section, P.O. Box 944246, Sacramento, CA 94244-2460
041991 fax Dupuis/Chief Ap. Unit #1 to Durden/Chief Salt Creek Camp - CDF; "The U.S. Forest Service (U.S.F.S.) has reserved water rights under Federal law for 'primary' national forest purposes as well as riparian rights under State law for 'secondary' purposes. This is noted on page 3 of the enclosed copy of a portion of the California Supreme Court determination for Hallett Creek." 2 options, 1) divert now under USFS riparian right, or 2) apply for CDF appropriative right and wait until SWRB approves it, which would be "junior and subject to U.S.F.S. reserved and riparian rights and could include terms and conditions arising pursuant to the application process. [para] Please note, however, that your application cannot be accepted in its current form. The requested diversion season is in conflict with State Board Order WR 89-25, dated November 16, 1989, there is no water available for appropriation from Stony Creek in Tehama County during the period from April 1 through October 31 of each year. The State Board will be considering proposed modifications to the Declaration that include a lengthening of the season of unavailability of water in the Stony Creek watershed to November 30. Your application requests year-round direct diversion from Salt Creek, a tributary to Stony Creek. Tributaries may or may not be subject to special conditions specified in WR 89-25. For example, Section 3.25.5.1 provides a means for accepting applications 'where there is no hydraulic continuity, at least during part of the year, between the tributary and the larger system'. To invoke this condition, you must provide a statement, under penalty of perjury, that during the critical period, there is never any hydraulic continuity between Salt Creek and Stony Creek."
050991 to TL from Ray Tatisian [?] from CDF, wants Salt Creek Ap. #
051691 T. Lavenda contacted Gary Durden? "Discussed U.S. District - Court Federal Angle Decree Equity #30 term #92 & Authority of Water Master George Wilson (967-3435) in this matter. Told Gary we're essentially 'out of loop'. Our letter of 4/19 no longer appropriate. [para] Wait for Gary Durden to withdraw application. We can't assist in this area under jurisdiction of Federal decree. [para] Decision: We can't help this is issue for water Master & /or Courts. Wait for letter from Durden. [para] Action: Gary will decide w/George what can be done to get water. Gary will withdraw application."
UNDATED Gary Durden to Dave McAnlis "Refer from watermaster Wilson regarding a new appl."
051691 contact report Dave McAnlis, "Gary called T. Lavenda earlier discussed options under Angle decree & Watermaster George Wilson. Contacted Dave this telephone conversation and decided to proceed with application with modified season. Gary requested we change the season to Dec 1 to March 31 of the next year. Fully appropriated season is form April 1 thru Nov 30 as per revised fully appropriated stream order adopted May 1991. [para] CDF will negotiate with Wilson's to purchase water from Bureau Rec for remainder of season. [para] decision: change season; [para] Action: proceed with application.
061191 Completion Checklist, source dries up downstream May-Oct; Adjudicated? Angle Decree; Watermaster? George Wilson 916-967-3435, Forest Service? Mendocino National Forest, A Board Decision restricting diversion? Fully Appropriated;

061391 & 092591 Contact report, Tom Lavenda contacted (?) Gary Durden CDF "(1) Changes in Application, (2) Follow-up with Federal Water Master (3) Status of CDF CEQA Document WR 1-2 #4.
- "I initiated the contact to Follow up on above items. Gary Agreed to Following: (1) Season changed from year round & 365 days to 121 days Dec 1 thru March 31. Fully Appropriated adopted May 91; nonavailability Season April 1 thru Mar 30.
- (2) Angle Decree Equity #30 Federal Water Master George Wilson [ (916) 967-3435 ] agrees the CDF can purchase when hydraulic continuity exists & has no objection when no continuity. An Exchange Agreement is being worked on , Both Gayle Heffler of Bureau Rec & George with Bureau for water from Black Butte Res. We will get copy when Finalized. CDF now operates under 1 year Emergency M & I
- (3) CDF CEQA completed Documentation. Sent to Ron Brinsky CDF Sacto [ 4-1647 ] in discussion direct diversion & justification Gary stated they need total amount based on following May use for 7 day period. 
      A.  Inmates                 130
      Staff                    30  max with transients [?]
      Transient fire fighters  50  1 bus up to 7 days
      Visitors                 50  the inmates get families who come and stay
                                     overnight up to 10 - 20 cars (?) at times
                                     with 3-6 people (30-120 people), avg 50
                                     for up to 7 days
			    -----
      Total                   260
- B. Vehicle washing & misc. clean up estimated at 500 g/day.
- Decision, Make adjustments to App. max 260 people, 2660 x 75 gpd = 84 + 500 gpd incidental, 20000 gpd x 121 days = 2,420,000 gal. or 7.5 af gr - Season 12-1 thru 3-31; 7.5 a-f/yr for 4 mo, or 22.5 a-f for 12 mo. use 23 a-f/yr;
- Action items, change items 4 and 5 in application; request mailing list from Angle Decree, Done 3-14-91; ( 365/121 ) x 7.5 = 22.6, use 23 afa
- 9-25/91 [?] Correct per Board Order, #91-07 Exclusion from fully Appropriated based on Water Exchange [ over];
- Year round season per Division Chief Directive dated 09/20/1991, see memo dated Sept. 12; 20,000 gpd x 365 = 7,300,000 gl/yr /325850 gal/a-f = 22.4 af/year, use 23.0
- Crossed off: 
        500 gpd incidental
  1,850 gpd Lawn/dust control
  -----
  2,300 gpd for 360/2 = 180 days = 423,000 gal/yr or 1.3 a-f/yr

  Total af/yr, 
     22.5
   +  1.3
  -------
     24 af/yr
- TL 09/25/1991

062591 letter Durden/CDF to Gale Heffler-Scott/Reclamation, request for exchange contract from Black Butte
080191 contact report Tom Lavenda call from Gary Durden/CDF, 1-833-5562
- "Gary called yesterday (7-31) & wanted status report on App. Met with Roger [?] @ 9 AM today.
- "New fully appropriated order to be adopted @ Aug 22 Board Mtg. Contains a condition to accept application under Fully Appropriated when have an Exchange Order. Wtih this exception, Gary can have CDF's application for year round. If we process the application for a lesser season than year round CDF will NOT have water right for rest of year regardless of Watermaster or Bureau agreements. Application issued year round with exception to 89025 revised version will require 2 terms, std. Term 92 Angle Decree, and new term Subject to Condition of Water Exchange Agreement.
- "Back up position if needed is to request temporary permit for 180 days to get past 89-25 & get water this year if required, but would still need Notice of concurrence of principles, e.g. F & G, George Wilson, Bureau Rec., etc.
- "Still has internal problem, 'who accepts application' when condition for exception exists - e.g. Exchange Agreement. - Mini Memo to 'Red/Murt' [?] 8-1-91 See Reverse [where? below?]
- "Decision(s) Wait for new order to be adopted 8-22. Change Ap for Year Round.
- "Action Items. Call Gary on 23rd - Status of Fully Appropriated - Hold App. for Year Round Season. Talk to George Wilson, get his input.
080191 mini-memo to Roger Dupuis/Murt Lininger from Tom Lavenda, "Regarding the Ca. Dept. Forestry Application, For year round diversion on Salt Creek, Tehama County and the Stony creek Angle Decree & Bureau of Reclamation Exchange Agreement for Black Butte Reservoir. Question - who grants the authority to accept the application? Can staff accept an application that has conditions contained in the order that meet the requirements etc. for acceptance, e.g. Developed or Salvaged water, Non-consumptive Use, Exchange Agreements, etc.? Please Advise."
091791 memo Lavenda/Div WRights to Dupuis/Lininger/Johnson/Anton - re "Authorization to Accept an Application in a Fully Appropriated Stream System Pursuant to Exception Conditions Specified in Board Order 91-07", request for,; apparently could not accept the application because the short period was out of sync with the year round provisions of 91-07? so need Exception plus the year-round terms? [it is not exactly clear why he "could not accept the application."]
- "In the opinion of Legal Counsel, (Jim Markel [Markle ?]) Section 5.0 was intended to be a delegation to the Division Chief for exceptions to the fully apropriated declaration."

092091 "Attachment 1, -
- "Statement for Files,
- "An Exception from the Legal Effects of State Board Declaration of Fully Appropriated Streams Pursuant to Order WR 91-07, Section 5.1, Conditions for Acceptance.
- "I hereby approve an exception to Board Orders WR 89-25 and 91-07 pursuant to Section 5.1 of Board Order WR 91-07 as it pertains to the California Department of Forestry application to appropriate water from Salt Creek in the Stony Creek Stream System in Tehama County. This exception is subject to a Water Exchange Agreemnt with the United States Bureau of Reclamation. The Agreement will make up for any water right deficiency identified in Board Decison 1100 and the Angle Decree, in the above declarations, that specify water is not available for appropriation in the watershed upstream from the Stony Creek - Sacramento River confluence during the period April 1 through November 30."
- /s/ Edward C. Anton, Chief, Division of Water Rights

092791 letter Div WRights to Durden/CDF, application accepted, #30010; $100 minimum filing fee now due
100391 from TL to Ross Swenerton [?] Form WR 1-2 is deficient, Q7, provide 2 "sets of the required photographs properly dated and labelled"

100491 contact report, Lavenda returned call Gary Durden;
- "Gary stated Forest Service has authoirized installation of pipe. ? If I put it in where does that leave me as far as permit goes realizing the problem has been elevated to both CDF Director Wilson & Corrections Director Gomez? We are also moving inmates out of camp as of Oct 1 1991. Water Supply down to 5 gpm @ present & is not adequate. CDF has cleared with Watermaster & F & G (Dave Hoopaugh) Redding Office. OK by Bureau and CDF pursuing Water Contract.
- "Told G.D. he could still go temporary but that also required Environmental Review. Told G.D. we accepted permit with exemption to Fully Appropriated., (They have received a copy from our files section) Full Season & 20000 gpd.
- Note from Environmental 10-3 it will take 3-4 months to review unless they get expidite [sic]. I told Ross they needed priority but nothing he can do without management realignment of his work. Also told G.D. letter in process. We need photos, $850 and Water Exchange prior to Notice. Said he'd probably ask for $850 waiver from F & G. Would supply photos. Discussed with RED - he mentioned temp. permit. Need priority on Enviro.
- "Decision(s) He'll wait for our letter before taking Further action."
101091 letter Lavenda to Durden, Ap accepted, exception granted, DFG $850 fee due, pictures needed, reviewing for CEQA, might consider paying the $850 to avoid delay
081391 page 25 from "fully allocated" decision? Para. 5.1, water service contracts, water transfers, and water exchanges. "DRAFT"

101091 contact report, Lavenda, call from Gary Durden,
- "1) didn't get my letter yet
- "2) As of 10-9 have Funding for project in hand & it has been 'engineered'
- "3) Plans to start construction in 1 month - have to proceed legally
- "I advised him to write Ed Anton Div. Chief requesting Emergency Temporary Permit while we process 30010. Include need: [approx] = 5 gpm flow nearly dry damp being evacuated, and
- "a) have access permit from Nat Forest for line
- "b) have water Ex pending from Bureau Rec
- "c) have George Wilson Water Master concurrence & that of intermediate user between POD & reservoir
- "Submit new application with a new # - we can do just get letter
- "Need: 1. New Ap, date & Sig I can fill out, check sign [?]
- "2. Check for 100 $ for application
- "3. Check for 100 $ for temporary
- "Decision(s) CDF to apply for Temporary Permit while we process 30010
- "Action Items Gary get letter to Ed Anton

101791 contact report, Lavenda, making phone calls:
- "1) Dave Hoopaugh Fish & Game 916-225-2393 per #9 WR 1-2
- "2) Watermaster George Wilson Orland 1-865-4126 Left Message - List of Users & His Opinion
- "1) F & G Dave Hoopaugh Contacted 14:20, described project, he said he is familiar with it, located in headwaters of Salt Cr. Has no problem with issuing a temporary permit.
- "2) Watermaster George Wilson, 2 users Angle Decree Rights, Term #91 [92?]; 2nd user is on a tributary to [uh, Salt is tributary to?] Salt Cr. George has no problem with Temp.
- "Only 1 user on Salt Cr.
- "3) Frances Lorene Masterson, P.O.Box 976, Orland 95963 9-1-865-7485 NE NE Sec 12 Twp 22N 7W, NW NW Sec 7 Twp 22N 6W [these are for Conklin, not Masterson]; If she has any questions have her call George & he will talk to her." [is George totally mixed up on this? s/b Conklin on Salt Creek, Masterson downstream on North Fork, then Black Butte & users below]

101891 mini-memo, to Roger Dupuis/Mike Falkenstein from TL
- Attached is the environmental Documentation and the package for the CDF Temp. Permit. Status as of 3 PM this date.
- - Notice of Exemption
- - Botanical Survey
- - Special use permit & Amendment for Right of Way
- - Our package for Temporary Permit
- Note: change season of Diversion before # assigned.
- Change Dates on Seasson of Use 10/28/91 to 4/17/92
- see attached
  • 060491 memo Durden to Horel/CDF Chief Technical Services, 05/14/1991 Dave Isle & Catherine Jones, Mendocino NF botanists, surveyed "waterline for any endangered plant life (sensitive plants). They discovered a dimorphic snapdragon (cat. 4) on the sensitive list, but in such a quantity that they said would not hold up our project." 05/23/1991 Dave Isle & Molly Fuller (Resource Officer, Corning Ranger District) surveyed again, said no problem, wanted some sample species to catalog.
  • 041991 letter Quintana/Corning Ranger District to Horel/CDF enclosed an "Amendment for Special Use Permit for a supplemental water system at Salt Creek...authorize an additional water transmission line from a small impoundment on Salt Creek." [what? what impoundment?], cleared by Historic Preservation Office, reviewed by District Resource Officer, will conduct botanical survey 05/14
  • - UNDATED [?] Amendment Number 2, CDF special use permit issued 11/03/1989 expir,. 12/31/1996, add "Installation of water transmission line from a natural impoundment on Salt Creek drainage to Salt Creek Conservation Camp. The impoundment will be fortified in order to divert water to Salt Creek Conservation Camp. The transmission line will be constructed above ground within the creekbed, and will be buried from the point where the line leaves the creek and heads north to the camp as deliniated [sic] on Exhibit A. Trail access to the dam will be brushed and maintained for foot traffic only."
    - - Exhibit A, Project Location Map, Salt Creek Supplemental Water System, topo, photocopied, line from NW 1/4 SW 1/4 Section 34 to N/E 1/4 N/E 1/4
  • 070991 letter Brinsky/CDF to Fillion/General Services, attached 5 copies of Special Use Permit issued by Mendocino NF, urgently need right of way
    - 053191 Notice of Exemption, 4300 feet of waterline, excavation of a narrow, shallow trench, placement of the pipe, & then backfill with excavated material & restoration of original surface
    - 070991 Special Use Permit, USFS, granted to CDF, supercedes permit #1045 of 11/03/1989, 4 pp plus same Exhibit A;
    - - Exhibit A, Project Location Map, Salt Creek Supplemental Water System, topo, same as above

    102291 contact report R. DuPuis called Gary Durden;
    - "I called Gary to find out what the current status of the camp is. Gary said that the water supply is down to 3 gpm. They are operating the camp on a reduced basis (35 inmates plus staff) with strict water conservation (no outside use, no washing of vehicles, laundry is sent out, etc.). The camp is normally operated year round for fire protection and land conservation purposes. Inmates are permanently housed at the camp and work five days a week. Gary would like the temporary permit as soon as possible. He indicated that he has verbal approval for permenent operation with the federal watermaster (George Wilson) and has verbal approval of the exchange contract with USBR (the agreement is being prepared). He expects that the pipeline could be installed by Thanksgiving, but the latest by Christmas. CDF engineering staff has not yet completed the plans for installation. The camp will carry out the construction (mostly by hand methods).
    - "Two botanists for the Forest Service have surveyed the proposed route of the pipeline. They have taped off sensitive areas and have designated the pipeline alignment. Gary indicated that he is allowed a 10' corridor to work in. The pipeline location was being surveyed today.
    - "Gary said that F & G does not want any excavation in the streambed of Salt Creek. Therefore, about the first half of the pipeline will be placed above ground on the side of the creek bed. 3" galvanized steel pipe will be used. I told Gary that we will need a $100 permit fee. He said that Ron Brinsky of the Sacramento office will submit the fee and pick up the temporary permit."

    103091 letter Durden to Anton/Div WRights, been advised permit could take up to 120 days for approval, facility close to shutting down from lack of water, "requesting an emergency Water Diversion Permit."
    103191 3 polaroid photos of the Salt Creek Camp dated 10/22/1991, judging from sun looking s/e, n/e & west

    1992

    011592 mini-memo Tom Lavenda to Ross Swenerton, appreciate clearing environmental review of temporary permit, received $850 F & G 11/05/1991; Ross: review completed, 02/04/1992
    012992 contact report Lavenda & Gale Heffler Scott/Reclamation;
    - "Gale had just discussed A 30017 with Gary Darden CDF and was in process of issuing a Temporary Water Exchange to be effective through 1992. She wanted to know status of A30010, permanent permit. The way Bureau Recd normally processes these appropriations is to protest the notice with a condition for adding a water exchange to the permit. Bureau must have an applicant with a permit for water before Bureau issues the exchange.* [* Prior appropriations with Terms include Stonyford & 4-E Water Districts ]
    - "Gale is processing the Temporary Exchange for a maximum amount up to 30 AF/A.
    - "Decision(s) Process 30010 when cleared from Environmental
    - "Action Items Bureau will protest with condition to add a term, must acquire a water exchange agreement.

    020792 Public Notice, Mailing list for Application: 30010, USGS Map - Code E043, include Masterson, Soske, Hamm
    021092 4 certified cards returned, including Masterson, Soske, Hamm
    020792 Notice to Postmaster, please Post (Paskenta)
    020792 Instructions to Applicant, post conspicuously near your project by 02/27/1992, proof of posting back by 03/18/1992
    020792 Notice of Application to Appropriate Water, 30010 CDF applied 09/27/1991, .031 cfs
    020792 Route Sheet - Application Unit; RWD 03/19/1991: Conflicts with Fully Appropriated, Agreements with Bureau Reclamationj; Federal Water Master; Adjudicated Area; Angle Decree; Term #92; See Contact Reports 3-27 5-16 6-13; Fully Appropriated Exclusion for Water Exchange Granted 9-20-91
    021492 Statement of Posting Notice, on Salt Creek Conservation Camp Department of Corrections & Paskenta Post Office Bulletin Boards

    053191 [pages out of sequence, why?] CDF notice of categorical exemption
    - 060191 Durden, Dave Isle & Catherine Jones letter
    070891 [pages out of sequence] memo Brinsky to Fillion [as above]
    - 070991 Special use permit, as above
    - 060191 Durden, Dave Isle & Catherine Jones letter
    102291 Cultural Resources Evaluation Checklist, no effects 30017
    UNDATED Environmental Brief for Temporary Application 30017 Tehama - County - CA. Dept. of Forestry; for adequate water source for the CDF facilities until the 'regular' application completes review; 30017
    - Sources of Potential Environmental Change:
    - - 1) Dewatering Stony Creek during season of full appropriation (an exemption has been granted by Division Chief)
    - - 2) Fortification of POD (specifics not stated)
    - - 3) Ground disturbance due to pipe trenching (pipe to be buried by hand mostly, no trenching in streambed)
    - Potential Significant Inpacts:
    - - 1) Dewatering of the creek may result in less water available to wildlife, specifically the local deer population. This region is listed in the 'Areas of Significant Biological Importance' index as an area of particular importance to deer.
    - - 2) Construction within the stream channel may impact riparian vegetation (as would dewatering). Riparian vegetation is listed in the ASBI as a limited habitat.
    - - 3) Rare plants may be impacted by soil disturbances. The USFS, Mendocino National Forest botanist has surveyed the project area twice and found one sensitive plant, the dimorphic snapdragon (Antirrhinum subcordatum) - a Fed.3C and CNPS 18 species. Other sensitive plants which are known to occur in this region are Brandegee's eriastrum (Eriastrum brandegeae) and adobe lily (Fritillaria pluriflora - both Fed.2 and CNPS 1B species
    - - 4) Other sensitive species which may occur in this areas are the northern goshawk (Accipiter gentilis) and the prarie falcon (Falco mexicanus), both of which are listed by the Department of Fish and Game as Species of Special Concern.
    - Recommendations:
    - - 1) Re-evaluate the exemption from the season of full appropriation
    - - 2) Request avoidance of streambed disturbance; mitigation for unavoidable disturbances
    - - 2) [sic, two "2"s] Request that applicant evaluate potential deer and raptor impacts - TERM
    - - 3) Request that applicant either avoid or replant and monitor any disturbed sensitive plants (i.e. the snapdragon) [TERM]
    - See attached recommended permit terms, RAS [?] 10/22/1991 [protect those 5 species]
    102191 Preliminary Environmental Review Checklist; CDF prepared NOE, SWRCB = Lead Agency 30017
    UNDATED The Checked Language Must Be Used in the Application Notice; Exempt 30017
    102291 from Ron Swenerton to WV (TL), form WR 1-2 is sufficiently complete 30017
    102291 Declaration of Exemption /s/ Falkenstein?, 30017
    102391 Permit for Diversion and Use of Water, Temporary Permit 30017

    UNDATED Preliminary Environmental Review Checklist 30010, attached from 30017
    020492 Preliminary Environmental Review Checklist 30010, .031 cfs/ 22.4 af/a
    011592 mini-memo TL to Ross Swenerton, same as above 011592;
    - 020492 Swenerton to TL, 30010 WR 1-2 sufficiently complete
    - UNDATED The Checked Language Must Be Used in the Application Notice; 30010
    102291 Declaration of Exemption was 30017, now 30010
    013191 copy of Application to Appropriate Water by Permit, with much writing on it, changed from 30000 gpd, 31 a-f/a to 20000 gpd 22.4 a-f/a, people served from 130 to 260, gpd per person 150 to 75; vehicle washing to 500 gpd
    033192 Check for Permit;
    040192 Analysis of Water Use and Selection of Water Conservation Permit Term; "No other users in immediate area. Use to be maintained by measured diversions subject to 1) U.S. Bureau Reclamation Water Exchange, 2) Water Master
    040992 Issuance of Water Right Permit, annual 22.4 af; term 0060999 "Permittee shall allow the water master, George Wilson, his replacement, or a designated representative, reasonable access to measuring devices for the purpose of verifying measurement readings." 0240300 "...only so long as a water exchange contract with the United States Bureau of Reclamation is in effect which covers the full amount of water diverted during the period of April 1 to November 30. A copy of the contract shall be filed with the State Water Resoiurces Control Board." [WHERE IS IT?]
    041392 letter Dupuis to Durdena, app 30010 approved, ready to issue permit, permit fee $100 now due
    041692 Permit for Diversion and Use of Water, #20617, max 20,000 gpd/ - 22.4 a-f/a
    041692 letter Lininger/SWRCB to Durden; permit enclosed

    041991 [out of seqence] letter Quintana/USFS to Horel/CDF, as above
  • - UNDATED Amendment Number 2, as with Quintana letter above

    041692 letter Patterson/Reclamation to Anton/DivWRights , not formally protesting since term [92] appears; don't foresee any problems in negotiating the water exchange agreement
    050792 letter Lavenda/SWRCB to Durden, enclosed correct page 2; Term #5 corrected to show season of diversion of 01/01-12/31 each year.
    012193 Progress Report by Permittee for the Year 1992, 130 persons, 2 a-f/mo, 14 af/a
    012194 Progress Report by Permittee for the Year 1993, Diversion Dam, Distribution Box, 2 mile 2" galv. pipe line, surface water filters & tank reservoirs 75,000 gal [?]; 120 people, 600,000 gp month/7,200,000 g p year, after use, to evaporative ponds; sewage - held in evaporative ponds [cesspools?]; construction work on evaporative ponds [?]
    032795 Progress Report by Permittee for the Year 1994, true gp month, max 740,400 Aug, 6,303,607 year total, 130 people and lawns
  • UNDATED enclosed is your 1994 progress report
    UNDATED front page of permit 20617
  • 062095 letter Gibbons/"Stationary Engineer, Salt Creek Conservation Camp" to Bultema/"Repayment Specialist" Reclamation, water estimate by quarter Q3 95 6 a-f, Q4 95 4.5 a-f, Q1 96 4.5 a-f, Q2 96 5.25 af, total 20 a-f, will pay $43.12 per a-f, including "cost of service rate of $9.00 per acre foot; the Municipal and Industrial Restoration Fund charge of $12.69 per acre foot and the surcharge of $26.44 per acre foot" per 3407(D) of CVPIA
    060496 Progress Report by Permittee for the Year 1995, 20 a-f for year, [put numbers into months that add to that total]; lo-flow toilets, drought resistent ground cover, "completed project in 1994, would like to have system inspected for our permanent license"
    030697 Progress Report by Permittee for the Year 1996, 20 a-f for year, [plugging months?]; automatic shutoffs, drought resistent ground cover; "completed project in 1994, would like to have system inspected for our permanent license"
    030598 Progress Report by Permittee for the Year 1997, no annual total or monthly amounts, checked off for usage June July Aug; "volume & quality less than expected, well maintained for summer irrigation & emergency water source [para] Still have no record of inspection or permanent license"
    030899 Progress Report by Permittee for the Year 1998, 1/3 a-f June, Aug, Sept, total 1 a-f;
    090700 [stamped] Progress Report by Permittee for the Year 1999, unsigned, undated, 130 persons, 20 a-f [months plugged?]
  • 082600 letter Fordham/CDF to Beringer/SWRCB all work completed in 1992 no followup on request for license inspection, please send forms for completion, etc.
    061901 Progress Report by Permittee for the Year 2000, no construction; 120 inmates, 20 staff, 1/4 acre; 20 a-f [plugged to add up?]; no reservoir; well is used when turbidity in creek is high
    052102 Progress Report by Permittee for the Year 2001, 17 a-f, [monthly rounded estimates], claim 2 a-f groundwater credit; 1) Our storage tank (7) 110,000 gal; 2) The beneficial use of water: This is a minimum security prison (fire camp) operated joinly [sic] by the Calif. Dept. of Forestry & Fire Protection and the California Dept. of Correction 120 inmates and staff (26)
    080503 Progress Report by Permittee for the Year 2002, 15 a-f, [numbers by month even numbers]; 160 persons; conservation: no washing vehicles, no washing parking lot or Bldg, cut back on watering tree & lawns; "not claiming any water used" [?]
    UNDATED Supplemental Mailing list -
    040804 Progress Report by Permittee for the Year 2003, 15 a-f, [numbers by month even numbers]; no reservoirs; 120 inmates, 26 staff, 1/2 acre; conservation: when [went?] on spring for three month, Jan, Feb, Mar. claim credit for 3 a-f; spring is used when turbidity is high in creek
    032905 Request to BOE for Action on Water Right Accounts, mailing address change?
    030906 Progress Report by Permittee for the Year 2005, no annual total [monthly numbers whole numbers], conservation: when on spring 3 to 4 months, first of year; spring is used when turbidity is high in creek, claim 3 a-f groundwater & conservation
    051308 Progress Report by Permittee for the Year 2007, 25 a-f; 120 inmates, 26 staff, 1/2 acre; no reservoirs
    030909 Progress Report by Permittee for the Year 2008, 22 a-f; months in 10ths; 120 inmates, 26 staff, 1/2 acre
  • 031009 fax cover sheet, to SWRCB from F. Guzman/Salt Creek Conservation Camp




    [end]
    Return to Stony Creek Water Wars.

    --Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
    mjbarkl@inreach.com