STATE OF CALIF0RNIA ( STATEWATERRESOURCES COIVTROLBOARD 0

c
STATE OF CALIF0RNIA
(
0
STATEWATERRESOURCES COIVTROLBOARD
In the Matter of Application 25878
PACIFIC GAS AND E~ZXXPIC co.
Applicant
)
1
!
DEP-OF
FISHANDGAME
Protestant
Decision: 1591
Source: Benner Creek
Ccunty: Plumas
!
1
Decision Approving Application 25878
By
the Board:
Pacific Gas and Electric Carpany (PC&E) having filed Application 25878
for a permit to appropriateunappropriatedwater; a protest having been
received: the applicant and protestanthaving stipulated to proceedings in lieu
of hearing as provided for by Title 23, CaliforniaAdministrativeCode, Section
737; a field investigationhaving been made by the State Water Resources
Control Board pursuant to said stipulations:the Board having considered all
available information,finds as follows:
Substance of the Application
1.
Application 25878 is for a permit to divert three cubic feet per
second (cfs) fran January 1 to December 31 fran Benner Creek tributary to Butt
Creek thence North Fork Feather River for generation of hydroelectricper.
The point of diversion is within NE% of J9& of Section 13, T26N, R7E, MDB&M.
-2Applicant’s
Project
2.
The applicant
feet high, located
Butt Creeks.
proposes to construct
a rock rubble dam about four
about 1,000 feet~ upstream from the confluence
of Benner and
The water is to be conveyed through a conduit. to existing
Valley Reservoir.
After regulation
in Butt Valley Reservoir
Butt
water is to be
conveyed through a tunnel to Caribou Powerhouse #2 and released
into Nort.h.Fork
Benner Creek enters Butt Creek less than 100 feet below Butt
Feather River.
Valley Dam.
Protest
The Department of Fish and Game (Fi.sh and Game) protested
3.
Application
25878 on the basis of possible
riparian habitat
is important.
in Benner Creek but that the riparian
Fish and Game set forth proposed terms to be
included in any permit issued on Application
4.
terms.
to the Fish and Game
The PG&Eterm would elimi.nate the need for’ measuring devices
to be sure that a certain
wcu1.d require an open 2.5-inch
pipe.
would produce a flow of 0.27 cfs.
water and wculd eliminate
Calculations
PG&Ereplied
j
nf easi.ble.
i.ndicat,e that this pipe
the need for’ expensive monitoring equipment.
requested that the pipe be 3.5-inches
of 0.53 cfs.
The PG&Eterm
An open pipe would automatical1.y by-pass
Fish and Game accepted the basic features
5.
f inanci.alIy
bypass is taking place.
and
pipe to be placed through the dam 2.67 feet
below the invert of the diversion
parties
25878.
PG&Esubmitted a term as an alternative
observations
I
and the
After furt.her eval.uati.on, Fish and Game
of Benner Creek.
concluded that there is no fishery
habitat
injury to the fishery
in diameter.
of the term, but
This would produce a bypass
that a bypass of 0.5 cfs would make the project
After further discussi.on with Board staff,
agreed that an intermediate
0.37 cf s would be acceptable.
both
bypass flow reguirement of approxi.mately
-3Availability
of Unapproprjated
The record
6.
September
flow
indicates
cfs.
The photographs,
4ori.l
1980 show substantial.
there
is suff ici.ent
can be diverted
time.
flow
for
The staff’s
flow
and wildlife
mer
Initial
Study indicates
diversion
River
Butt Valley
that
the reduced
and that
are not. expected
that
indicat,es
flow
in the application
is not expected
substantially
There is a. gaging
Dam.
a substantial
flow year-round
flow
that
most of the
in Benner
to reduce
the critical
to be adversely
fisheries
affected
flow
of about one-thjrd
Environmental
of Butt
by the
station
indicates
foot
per second
at the gagi.ng station
through
200 feet
below
that Butt Creek carries
diversion
1979 seepage
11~miles
should
not deplete
the
Butt Va.lley Dam produced
below the dam.
on Butt Creek was 15 cubic
feet
At the
per second.
Considerations
The Board has prepared
8.
the California
Environmenta
and the State
no significant
effect
Record
Matter
in this
Application
maps published
a Negative
Qua1i.t.y Act (PubJic
Gujdelines,
Declaration
Resources
and the Board determines
on the environment
The records,
9.
are:
cubic
on Butt Creek about
and the proposed
In September
significantly.
same time flow
station
of that
The record
flow
matter
The record
i on in
from’ Benner Creek.
7.
et seq.)
diversion
investigat
and above the bypass
as proposed
up in
of 1979 showed the
the field
in Benner Creek.
generation
habitat
Creek and Feather
taken during
in Benner Creek over
Creek caused by the proposed
fish
that Benner Creek sometimes dries
A measurement by PG&E in September
and October.
to be 0.08
Water
as a result
documents and information
25878 and a1.J information
by the U.S. Geological
Code,
21000
Section
that. there
with
will
be
of the project.
used in deciding
on file
Survey covering
in accordance
therej.n;
this
topographic
the area under
consideration;the USGS publication,Water Resources Data, California,Volume
4, Northern Central Valley Basins and the Great Basin fran Honey Lake Basin to
Oregon State Line.
Conclusions and Reccmendations
10.
EYm the foregoing, the Board concludes that water is available
which can be used without causing injury to downstream users or the
eriviromnt, and that Application 25878 should be approved and a pemit issued
subject to the conditions set forth in the order follckJing:
ORDEX
IT IS HEZ?FBYORDERED that Application 25878 be approved and a
permit issued subject to vested rights. The petit shall contain all
applicable standard permit term
(6, 10, 11, 12, and 13)* in addition to the
follming conditions:
1.
The water appropriated shall be limited to the guantity which can
be'beneficiallyused and shall not exceed three cubic feet per second to be
diverted fran January 1 to December 31 of each year.
2.
Constructionwork shall begin within two years of the date of
this permit and shall thereafter be prosecutedwith reasonable diligence, and
if not so cmmranced and prosecuted, this permit my be revoked.
3.
Constructionwork shall be aqleted
4.
Ccrmpleteapplication of the water to the authorized use shall be
by December 1, 1986.
made by Decsmber 1, 1987.
*The Board keeps a list for standard permit tears, copies of these are
available upon request.
\0
-5-
s.
Nater Jivcrted under tnis pernit is for nonconsunpt.ivenisi?
<anti
is
to bc released to North Fork Feather River within NT;!<
of N'?<of Section 25,
T2GW, R'IE,L!JIB&M
belw
6.
Caribou No. 2 Pcxerhouse.
Permittee shall install and pr0perl.y maintain an adequate water
bypass system which provides flcws to maintain riparizn habitat dcx~nstrcam.
be defined
of th.i.s
permit, an adequate water bypass system shal.].
For pqoses
as a pip
3-inches insiclediameter ccntcred 2.67 feet belw
di.versionpipe.
the invert of the
Permittee shall.keep the pipe open, free of debris and
opxati.ny at al.1times.
This permit Canal
any l.icenseissued hrxeafter are
subject to the continuing authority of the Board to modify the required wter
by-piss system
to ensure that the system continu;lllybypasses a flcxiof 0.37 cfs
or the entire flcxrof the stream, if less than 0.37 cfs.
1x-it.cul:
June
16,
1983