STATE OF CALIFORNIA . ._ -. STATE WATER RESOURCES CONTROL BOARD

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STATE OF CALIFORNIA .
STATE WATER RESOURCES CONTROL BOARD
In the Matter of Application 24804
and License 8199 (Application 19877)
of Big Basin Water Company to Appropriate from four Unnamed Streams and
Hare
Creek and of Application
24172
of Big Basin Water Company, Nagilluc,
Inc., Thomas J. Culligan, Jr., and
Kathleen Culligan to appropriate from
Hare Creek all in Santa Cruz Courity
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DECISION 1482
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DECISION APPROVING APPLICATIONS
AND CHANGE PETITION
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BY BOARD MEMBER ADAMS:
Big Basin Water Company and Boulder Creek Golf and Country Club,
jointly, and Big Basin Water Company having filed Applications 24172 and 24804
respectively for permits to appropriate unappropriated water; Big Basin Water
Company having filed a petition to add a purpose of use and to change the
place of use under License 8799; protests having been received; a public hearing
having been held before the Boa.rdon December 6 and 7, 1977; applicants and
protestants having appeared and presented evidence; the evidence received
at the hearing having been duly considered, the Board finds as follows:
Substance of Applications and Change Petitions
1.
Application 24172 is for a permit to collect to storage 61.5 acre-
feet per annum (afa) in an existing reservoir on Hare Creek in Santa Cruz
County from October 1 of each year to May 1 of the succeeding year for domestic
and irrigation purposes within. the service area of the Big Basin Water Company
(Company), being within Sections 2, 11, 12, 14, 15, 23, and 24, T9S, R3W, MDB&M.
This reservoir is commonly known as hare Reservoir No. 2.
The point of diversion
4
is existing Hare*Dam No. 2 located within the NE% of NE& of said Section 15.
24172 was filed by the Company and Boulder Creek Golf and Country
xation
Subsequently, the interests of Boulder Creek Golf and Country Club have
been assigned to Nagilluc, Inc., Thomas J. Culligan, Jr., and Kathleen Culligan.
hagilluc, Inc., et. al. intend to transfer their ownership in Hare Reservoir
ho.
2
.- ., ..
:.! .
and Hare Dam No. 2 to the Company, if Application 24172 is approved.
2.
Application 24804 is for a permit to appropriate 0.52 cubic
feet per second ‘(cfs) by direct diversion from one or a combination of four
&-u&%d
streams and to collect'10 afa to offstream storage in existing Jamison
Reservoir.
The total amount of water to be diverted is not to exceed 335.25 afa
and the season of diversion for both the direct diversion and the diversion to
storage is from January 1 to December 31 of each year.
.
The water is to be used
for fire protection and domestic purposes within the Company service area. The
,._ ..:
't &ink
of diversion are within:
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N& of SW%, Section 14 (2 points)
7.
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3.
of NE%, Section 23, and
NE& of SE%, Section 23, all
:
.
within T9S, R3W, MDB&M.
“..-_
License 8199 is a license authorizing the diversion to storage
of 45 afa from Hare Creek behind Hare Dam No. 1 for the period from October 1
of each year to May 1 of the succeeding year.
~.
the SW< of NW%, Section 14, T9S, R3W, MDB&M.
The po.int of diversion is within
The purpose of use is irrigation
and the place of use is 65.5 acres of golf course within Section 14 of the same
~
-township.
The petition requests two changes:
the addition of domestic use
as a purpose of use and an increase&in the place of use to the Big Basin Uater
Company service area being within Sections 2, 11, 12, 14, 15, 23, and 24
/-IO r‘ ‘\:
1)
j
of said
township.
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4.
Project of Applicant and Petitioner
The Company is a private water purveyor supplying treated (chlorinated)
(as of
domestic water to 323 residential connections and 26 special .connections
early 1977).
It also provides untreated irrigation water to the Boulder Creek
601 f Course.
On July 24, 1973 the County of Santa Cruz placed a moratorium on
new construction within the Company's service area to be in effect until the
'Company secured an adequate supply of water for domestic and fire protection
Grvices.
The Company's objectives are to appropriate additional water to provide
service to.new residential units within its service area and to secure a water
'right entitlement to waters that it has historically usep.
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5.
Hare Dam No. 1 was constructed in 1961 and No.'2 in 1972. .As
explained above, License 8199 authorizes diversion of water at Hare Dam No. 1.
Company and Nagilluc, ,Inc.,
The
et. al. are not diverting water behind Hare Dam No. 2.
In addition, the diversion facilities on the four unnamed streams and Jamison
Reservoir have been in use for many years.
t;
6.
Protests
I
Protests against the approval of the two applications and the _
petition to change were filed as follows:
a.
1;
'.
Application 24172 (Hare Reservoir N.o.2):
County of Santa
Cruz, Save San Lorenzo River Association, Valley Citizens
for Clean Glater, Home Front, Northern California Council of
Fly Fishing Clubs,'John B. Denault and the California Department'of Fish and Game (Department).
b.
_
Application 24804 (direct diversion and Jamison Reservoir):
County of-Santa Ciuz , Save San Lorenzo River Association, -.
Northern California Council of Fly Fishing Clubs, John B.
Denault and the Department.
!
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"3.0 No water shall be diverted under this permit until permittee
f'
m
has installed a device satisfactory to the State Uater
Resources Control Board which is capable of measuring the
flows required by clause Z(a) and 2(b) of this permit.
Said
measuring devices shall be installed in Hare Creek (1) above
the Hare Reservoir, and (2) within 100
yards of the confluence
of Boulder Creek."
"4.
In accordance with Section 6100 -and/or Section 1602 of the
Fish and Game Code, no water shall be diverted under this
permit until the Department of Fish and Game has determined
-. .
that measures necessary to protect fishlife have been incorporated into the plans and construction'of such diversion.
.
construction, operation, or maintenance costs of any facility
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required pursuant to this provision shall be borne by the
D
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The
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permittee."
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9. On February 14, 1978 the County of Santa Cruz withdrew its protest
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tb.Applica&on 24804.
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7.:
Id.
In their answers to the protests, the applicants and licensee
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state that the Department's bypass requirements will mitigate any adverse effects
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qn__fish and wildlife in Hare Creek or on downstream riparian habitat. It was
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pointed out that releases from storage from Hare Reservoir No. 2 during the
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<-
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&irner~~o maintain the minimum flow ‘will in fact be beneficial since water
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wil!be- available when the creek is normally dry. The measuring devices required
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agreement to be installed in Hare Creek both upstream and downstream
L
of
the
reservoirs
have
been
installed
and are in operation. The other concerns
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bjt’2aid
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of the protestants and the position of the applicants' and licensee relative
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thereto ,are discussed.infra.
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‘3..
Existence of Unappropriated Kater
For Application 24172
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Hare
: 7_--JIl.-.-:
Creek, the source under Application
,@$t$~n-islope+-of
Y'4.I,.. ,_.. pen Lomond Mountain
for
approximately
and flows in a generally
7,700 feet to its confluence
aLs%theasterly
24172, originates
direction
with Boulder
for approximately
easterly
Creek.
on the
direction
Boulder
three miles
Creek
to its con-
?_, II..
the San Lorenzo River.
fi.7..**
Meanannua.1
ap$
off,
a
precipitation
rtt
:-s:--::_ii ;::_i;y_
bo&'a"v'erage and median
through
is estimated
A?i-il 30 t;
1*jm,e
I-
j
1-r
f 13 3 f- -j 8-i ;I
:
Hare Reservoir No. 1
,nf fIE_Jr
gqt(fio&#
the
.
U.-n,,-:
y1-_-.
.above13?"ALailability
p&~pg~&c$#e_5&his
Average
Runoff
(af)
Annual
run-
1/
Median-
Runoff
(af)
-
525
800- 900
530
590
900-1000
600
775
1200- 1350
800
of unappropriated
caSe as follows:
E s'cr?edinc
iP are “c r&k may $&'compared
to be 58 inches.
as follows:
Drainage
Area
(acres)
Mare Creek ,is?$"Pi.-:
LocatF'Ch"
s
is estimated
water may be analyzed
first,
to the proposed
the median
annual
demand
annual
.2/
;
.
with the
runoff of
second, the measured
Hare Pap I‘40 ? icr annual‘ flow'of the“San Lorenzo River at the Big Trees gauge may be compared with
$0 supply
the app?i
estimated
that
9;”
293 ~
j+"s:Jsp
e!e%?n*runoff
typically equals 65 to 75 percent of average runoff.
The figures
the~~e~e~fe$,in,this
column are the product of the fraction (2/3) and the lower
These figures are also rounded off to
figure in the average runoff column.
Finally, in an area where rainfall varies greatlv from year
of
/?$ n.ea@st,,!Q:af.
of a median rather than an average (mean) figure approximates
t o y&a?, theuse
g
conditions,more
likely to prevail most years in the watershed.
The forepri$#?< I~._ii,Li
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going method &
used because of the need to assure that availability of a
domestic water supply is not overestimated.
It omits any inflows of the Hare Creek
2' This approach.is again conservative.
watershed downstream of Hare Dam No. 1. However, this approach also assumes
-no~~~-~~--f~~-~vaporation
or seepage of the releases necessary to satisfy the
_?r qepar~me?-t!,s_bypass requirement for fish and wildlife.
It is assumed that
~~~~s~~st~~.~,~~;f;ac!tors
will offset each other.
5.3 miles
IlOft;,
-6-
$j The.Big Treesgauge
is .that'stream gauge station operated by,the United- I f..:States:Gcol.ogic- Survey on:the..Ssn Lorenzo. River at-Bi-g Trees whi_ch.is.- z.7
,~> _ I.;',.~~. .
:5~~3lmiPe~:north:dfthe City of Santa Cruz.,:;:_:.: ;::: :::iii?,::.:fr-1;:--I>
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-79
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15.
Sit&e hydraulic
and the San Lorenzo
Boulder
on vested
'River. However,
Ideally,
rights
Hare Creek, Boulder
an analysis
of the.confluence
this analysis
in Boulder
to determine
of the effect
of Hare Creek and
\r!ouldexamine
analysis
the affect
is not available.
the flow at the Big Trees gauge can be examined
'w+th the demands downstream
Creek
of
Creek and in the San Lorenzo
data for such a comprehensive
.Bn"alternative,
between
of the year,
on rights downstream
Creek is necessary.
$he appropriation
exists
River during portions
of this appropriation
8,
continuity
if unappropriated
AS
and compared
water
is available
‘in the river.
a.
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and 7200
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The City of Santa Cruz holds Licenses
(Application
and 6.0 cfs, respectively,
municipal
.,
,.‘-/_. ,
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and industrial
sions downstream
-.?
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5215), which
bypass
;,c&‘.;
authorize-a
These diversions
of the Big Trees
for fish and wildlife
gauge.
4017)
direct d.iversion of 6.2 cfs
from the San Lorenzo
use.
1553 (Application
River, year-round
for
are the only known diver-
The licenses
do not require
any
purposes.
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b.
'_,. 1. -
The' City of Santa Cruz also holds Permits
16123
(Application
; -. ..,
22318)
~
and 16601
(Application
23710) for diversion
sari Lorenzo River near Felton, which is upstream
"Permit 16601 requires
at:Felton
_.?
for the protection
.*.. ... -. .__. ..__
ri
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gauge.
flows in the San Lorenzo
River
. .
of fish:/
.
.I_
October - 25.cfs
November 1 to May 31 - 20 cfs
c.
Assuming
:%::~'Felton
should
k.,
I’--
minimum
of the Big Trees
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the following
of 3,000 afa from the
o)'the minimum
that the minimum
fl.ows in the San Lorenzo
also apply dok/nstream to the Ocean, and assuming
c
bypass
River at
!:
extension
of 20 cfs for fish protection through the remaining
51 Permit 16123 requires a minimum bypass of 10 cfs in the San Lorenzo River for
However, during negotiations \:lithprotestants on
the month of September.
Application 23710, the City of Santa Cruz,agreed not to divert from the river
in September.
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v
* months,-
analysis
following
excess
of the data from the Big(Trees
flows
in acre-feet
that would
gauge results
in the
have been available
.
for
f-'
0
appropriation
during
(a moderately
dry year),
Year
u.s;G.s.*
a representative
six-year
and a forty-year
period
period
city
Diversion
Fish
Bypass
Excess*
from 1970-1975,
of record.
Excess per square *
mile of watershed
1970
'134,900
2466
13,458
118,976
1120
1971
42,446
4259
11,811
26,370
250
""-33,790
4193
-10,260
19,337
180
'17j,200
1227
13,883
158,090
119,000
2297
14,604
102,099
960
73,390
. .
3216
13,619
56,555
530
Average
96,120
2943
12,940
80,200
755
.40-year
Average
98;080
8820
74,764
(max)
74,500
700
1.861
17,990
7,067
2,834
25
l9k
i473
1g7$
r
1975
, c;
1961
.
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“-
1500.
.
( max 1
8089
(max _
available)
* Does not account
II.
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<
ML_
for the City of Santa Cruz diversions
mits 16123 and 16601 (3,000 afa), which diversions
“”
at Felton
under Per-
did not begin until 1976.
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water
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The above table indicates
available
for appropriation
further indicates
shed.bl
Accordingly,
:
amount
from the river during most years
excess of water
.
excess
an anaJys-J,sof the effect
.
of
and
per square mile of water-.
of the appropriation
._
fish flows contained in Permit 16601 are more recent
in Permit 16123, it was assumed that the minimum 20 cfs
:requirement should apply to the months of June through September.
There is
,no current requirement for minimum flows during these months in any permit
or license on the lower San Lorenzo River except the 10 cfs previously
_
,_i.
mentioned for September (see footnote 4).
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on
-5/- Since the negotiated
-5: .than.those contained
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a substantial
a substantial
The watershed
of Hare Creek differs from the watershed of the majority of the
San Lorenzo River.
For example, the watershed of Flare Creek is both steeper
and possesses a heavier soil-mantle than the rest of the watershed.
Accordingly, minor storms produce less runoff than normal -- a result of the moisture
As the soil mantle becomes saturated
holding properties of the soil mantle.
during moderate storms, Hare Creek approaches or exceeds the regional runoff
average. For intense storms, the steeper slopes produce more runoff than normal,
-9-
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c
the entire San Lorenzo River watershed
0
available
in an average year
analysis also indicates
r’
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indicates
to satisfy
that sufficient
the proposed
The
appropriation.
that there may be insufficient
water
for this appro-
I
priation in a dry year, especially
.;.
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if the full 3,000 afa diversion
under
:
Permits 16123 and 16601 of the City of Santa Cruz is taken into consideration.
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16.
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The data from the Big Trees gauge for the six-year
1970-1975 and for the moderately
. ..'
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dry year was also disaggregated
period
from
to provide
theoretical analysis of monthly and daily flows in the San Lorenzo'River.
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analysis is summarized in the following table:
,,,
1970 through 1975
‘.
0
;
Feh ,
:.
Mar
Apr
sq. mi. (af)
Av. # days
w/o excess
20,000
188
0
17,300
163
0
19,300
182
7,900
74
(af)
Jan
i
.
_*
r.:;
May
2-,200
Jur;'
Ju]
Aug
.“)
_
_..
0
13
0 .
735
2
6
3
*
% of
time
24
75
8
29
1313
13
42
10
0
24
80
,16
0
31
100
23
0
30
100
-
-5,
20
._
7.5
i
240**
2.2
19
61
0
31
100
55**
0.5
26
84
0
31
100
1do.
0
30
87
o
3l
27'
0
28
94
0 _.
773
25
81
..-
. -.
50
NW
4,800
DtX
7,600
_.: .,.
\
% of
time
1961
#days
Exe? w/o
(af) ext.
--:
0.1
(ji5
42
. . __’ _..
'7.2
_-
-
30‘ --. "
-‘-
27
-*
8'
,’
‘.
-‘^
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:
0
_
-
a
This
800**
12**
Sep
fit
Excess per
Av, Excess*
Month
I.
is
water
_.
700
.._
100
Does not consider the City of..Santa Cruz diversions from the San Lorenzo
River at Felton under Permits 16123 and 16601 (3,000 afa October 1 through
June 1) which did not begin unti1,1976.
1970-1975 average excess flow for June, July, August and September would
be 1840, 1250, 840, and 215 acre-feet respectively if the assumed 20 cfs
fish bypass was not considered (see footnote 5).
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17.
The' above table indicates that substantial excess flow exists
in the lpwer San Lorenzo River during the months of November through April,
except in dry years.
Flows drop off sharply in May.
In June through September,
little excess water is available if the minimum fish flow required the rest of
the year
is also considered during those months.
If no provision is made for
fish flows during the summer, significant amounts of water are available in the
river.
The above table further indicates very little excess water in the lower
San Lorenzo River during October.
The requested diversion season for Application
24172 on Hare Creek is from October 1 of each year to May 1 of the succeeding
Since ., continuity
of flow exists at times between Hare Creek and the San
_
y,y-
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Lorenzo River during October
the diversion season under Application 24172
Should-be
reduced-to
the period
November
1 of each year to April 30 of the
_
_.
_ _. _. _
_ __
_
_ _..
succeeding
year.
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18.. ..In
.summary,,..findings
11.through 1,7establish that unappropriated
I.
_,__
_
i ; : : ._.,_
_’ ~..
r.;.
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F$zy,._.isavailable to-supplythe applicants under Application 24172, but-that
.I
*.. _.,.
-_'__ :- I~__. _I..:..._._____
__-._ -_ ’ _.. ____
..
_.__:_ __ _
_ . _-...-: _._._._._
4he diversion season should
be,r~duced_as_foung,,abovet
__
. _~ te
L,___
__
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.I _
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l?._,,The:intended
-:use_'is_benefjcjaT.__
‘L.-,_-__-‘_. ._
_-: _
_
_
_ * , :. L -‘_
_I.._
- ; . i ,.
~~'&'"~urisdiction
over the sources
of water for Application 24804.
.:.
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Heretofore,
3/ Permit progress reports for Application 19877 indicate that Hare Creek
does flow in October sometimes.
P
-ll- -
-% -
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that the sourcesBare springs located on property owned by the Company, that
c.
they are not streams or other water sources with defined channels, that they
0
are true percolating waters, and that therefore
the Company.
they are owned outright by
In the alternative, the Company contends that, if the Board
determines
that it has jurisdiction with regard to these sources, the Company
...
po_netheless possesses a riparian right to use some of the water from these springs.
I?:any event, the Company agreed not to exercise its claimed existing rights
$0
the four unnamed streams so long as a permit or license remains in effect.
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21.
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Application 24804, as first submitted by the Company with a
_.
cover letter dated April 15, 7975, identified the points of diversion as three
8/
springs: Jamison Spring, Corvin Spring, and Forest Spring- . The map submitted
with
the application suggested that there may be two springs or points of diver.
sion
at the location identified as Jamison Spring.
:,_
By a telephone contact with
the Company on April 29, 1975, this ambiguity was clarified.
m
It was determined
that
the points of diversion are not located at the springs but rather are
.
yecated
some distance
downstream and that there were four points of diversion.
_
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Two-of the four unnamed streams are tributary to Jamison Creek; the other
streams are tributary to Boulder Creek.
:.7
;>;c.
\ iI 22.
i_'
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The evidence at the hearing established.that water flows out of '.,
..
the
." springs into unnamed streams and at times maintains surface continuity
yi th Jamison Creek or Boulder Creek and that this surface flow may be largely
attributed to the installation of a lateral pipe system in the springs by the
.
^.
;pypY
l
The evidence further establishes that subsurface waters not diverted
from the~spring percolate through the debris deposits and the upper zones of
l
the underlying rock to emerge in the perennial seepage faces in the Bracken -.
,,‘.’
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Staff suggested the filing of Application 24804 by the Company during the
initial investigation relating to Application 24172.
.
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Brae reach of Boulder Creek.
.
If the springs had not been improved, much' of
the water presently diverted would have continued as this subsurface seepage
9/
to Boulder Creek- .
23.
The Board, under Water Code Sections 1200 and 1201, has jurisdic-
tion over a diversion or use of water from a surface body of water, or from
subterranean streams flowing through known and definite channels, which is
initiated after December 19, 1914, and which is not used under exercise of a
riparian right.
Here there is a diversi,on and use of water from the following
three separate classesof water:
(1) surface runoff which is collected in the unnamed
streams durin,g heavy rains; (2) flow from the springs to the unnamed streams
that would have occurred in a state of nature; (3) flow from the springs to
the unnamed streams that occurs solely from the man-made improvements.
Since
there was no evidence submitted of a pre-1914 appropriative right to the use
of water from the first two classes, the Board has jurisdiction, if the Company
does not possess a riparian right to the use of such water.
Three general
requirements must be satisfied to establish a riparian right: (1) the right
attaches to land which abuts a stream, lake, or pond; (2) the right attaches
only to the smallest parcel held under one title in the chain of title; (3) the
place of use of water under a riparian right is limited to riparian lands within
the watershed of the particular stream.
See Hudson v..West, 47 Cal 2d 823,306 P.
2d 807 (1957); Hudson v. Dailey, 156 Cal. 617, 106 P. 748 (1909).
,
The first
requirement evidently is satisfied. "The second requirement can only be determined by a comprehensive review of the chain of title, a review which neither
the Boardnor the Company has undertqken.
determined from a topographic map.
area of use of the water
3
The third requirement may be easily
Such a review indicates that the principal
from these unnamed streams is outside their watershed.
During heavy rains the majority of the water flowing in the unnamed streams
would be surface runoff collected in those streams. Little of this storm
runoff would be diverted for use.
.
Accordingly,
the*Board
has jurisdiction
from the first two classes,
the watershed
24.
over the diversion
to the extent
lO/
of those streams-.
In Churchill
'California Supreme
v. Rose,'136
Court concluded
that such water
and use of water
is not used within
Cal. 576, 69 Pac. 416 (1902) the
that an owner
(the defendant)
increases the flow of a spring on his property possesses
of land who
the right to use the
increased flow of the spring even though said spring was in hydraulic
with a stream that flowed off the defendant's
land.
concerning
above.
the third class of water
drier to December
indicated
19, 1914 -- the effective
Act (Stats. 1913, Ch. 586, page 1012).
,extent of the Board's
jurisdiction
1423 concluded
Decision
available
by an administrative
Churchill
No appellate
over such waters.
by the salvagor.
Defense
was
court has decided
However,
by artificial
The construction
agency charged with its execution
Environmental
weight.
This is the situation
here
decided
date of the klater Commission
that water made available
for appropriation
continuity
Fund v. California
the Board
in
work was then
of a statute
is entitled
Air Resources
the
to great
Board,
30 Cal.
Z;:,” ;...‘i, I :
Finally, the State has a substantial interest in assuring
Ape. 3d 832 (1973).
I,..: ._..
.tha,t!,the
water resources of the state be,put to beneficial. use to the fullest
t.2.: L ,
This goal can best be accomplished through
.$ent
of which they are capable.
_ _: . .
I-
the administration
c..._:; _ _ -.
:
..-
of.water
_.
rights
as required
by Part 2, Division
2 of the
:
Wpter Code.
Existence
r-:':
-:' i-i_. . _
.I
i
q,
.,.I
_~:i .,.~_
yf..
s /’,>
-25.'-"The four
iomond Mountain
.
..I
*
.j
* .,-. ,i
*.
._
‘LLL. .
1
.
of Unappropriated
Application 24804
unnamed
in drainages
streams
south of Hare Creek.
-14-
for
I.
originate
-lO/ This statement assumes. that the applicant
ment, a matter of some doubt.
.
Water
‘_
on the eastern
The combined
could satisfy
’
:
,’
slope of Ben
tributary
the second
area
4
require-
.
is_
.- _ about _ 240 acres.
The only known diversion
from the four unnamed
_
streams
ac,e.th.ose
of _the ___.__.
Company and of another water purveyor who shares water from
L_.< .-.
__
_
_ _
_,
- .
t,he unnamed
_
- __ -
s_tream which
is fed by Forest Spring.
As- earlier
f$o~~,th:eseY~,unnamed.-streams_,has
been.used. for many years._
i.._.
_I
. .- :
_
_ :-_ I _ :
_ .
f
4t
t
ese diversions indicate a great
,h, htc_.2.A, I _..,i. .?,. :.-!,:I,
,‘j=. :._3 ,-I
u&art&
variability
indicated,
_ ._~
Al though the rqcords
_‘
_
i,n the flow o_f.these.fou.r,\,
_.<f’,_ :
‘_ ._ _ ,.
:.
_
..:
L
.>.
streams..,_the.reques$.ed,annua.l
-yield of -335 .acre-feet .(averag.e_
flow of,
r!i:LZ.;i.:,,._Lc;! ..,i __:
..‘;
.,.
(. I...
,_,
\.,:;.c..
:
(#f&q&),-7
.msmaMlr,_%
::appws
L-.,2:_-"..,.'.,
_ayt
.th.e..inStantan.epus:~~~e_rsion
i _ ‘_‘L :_ .I :
_
<::
c$
w&l~.k~!~.be
a.va,,;lable.
during
a_porti.on.of the year. . Nonetheless,
Uti yi'itrll
i; / ‘_$‘J,<.!_.:
_._.
L ‘. i ,‘,- : : i . :’ I: ‘. ’ :
_
i L ,p , I C!_ : ‘
i:
f&@$i
$p$)
C.52; cfs:. rl.-.vr: .rj
__. ‘_ _ : ‘_’
i : ‘the ,re_cpr_ds
_
. _._ c>
the- years_ the ,requested__approp,_ri_a~~,_,_
_
pp. ,!:11
i-n ,?5_G
- .&O~.R.ercent...of
L&._-)
1 .-rui_
L.:;,
._,, ii : J : r:
.A : .. _ / _. s 2 c.3 ._,1; 33 r’ L,dZi I
y$
,j,~~c~:~d~__~?~~31,_the
applicant
ti'briCtiili.
pot'
r bpvffJ!ibJ_e:
*.:
.‘
.:
in
water
will have to anticip.ate
_:L,.
s,uch periods 'and takeE.app!rop,riatem.e.asuresto__reduce.thg water demand durjng .
..a_
_.
.
.
-
j-ho&
dry
p&i
‘.‘-ter*
78.
2’6.
.
fa’-$y
L:.,1,1-
.’.‘.~.__!._~_‘~l~_~~..._- ’ .:
ads.
LL:-.1
;‘L”>cr‘
stream conditions
the
p.T -t&l y_I;“_s,T
Ttio factors
p?aceof
use
,,-7-:
the
'l1_...._
-.-x.__.
*-777
r
--i’^
_-
-_
bear’on“ the question of the appropriate
,?_
qf*‘,.r’L.-,
--’
f,.,
_
-‘.,i,:
and the second is the effect
to
-
._1.._._L....._____ .
%enti‘re
service
area
,
,.f
__
-
of the Company's
;f
the
Cc.y:i.,q;r
I
I_:..
divers~ion
..---.,Z i..q
-.
enhancement""
I;:-
1-j ,f--;~sz
8153,
Big Trees gauge showed that there is substantial excess flow in the lower
?his petition
:sj3..s
si,:b~;_iS
tt~it_py+zr<:y
tn $j::i~?:,+~~ L;;;?,-,z-_:;
;‘:. z,yz_rats
cl;t;sf
Some
surplus
water
is
present
San Lorenzo River during the winter. and spring.
_.. __- .: _ 1 _ ? :,, [.-JSt~-~~-j
and bypass condu-jts fcr Ha;ce Reservoir :jo. 2, &ii-)j i; b: f - ;i.‘
., I.. 1: __,
Big Trees in June through September (the most critTca1 month) even with
res~.c-.vs~j y
af Hare Resorvgir No. 1; ?‘gsj-z,r=!j, #;=t.zj- ;-2;~?~:i;~d frsa
~p,~ CFI~i;.zcPl
iit*
allowance for the minimum flows of 20 cfs, which are not presently required.
ts frc,;+i_ia':'a
T'_I.L:--,,z,7jy= >i
LkL’
j
may be rediverted utilizing the existing c,zr;d;;;i
The Board has held in past decisions that an applicant who enhances the$ield
to zse :::c ;~~.~~-:,nder L'CE-?SC
The Company ropresenIs that it intenls to c*o:;"in:,!a
of a system is entitled to use of the water so produced (see Finding 24, above).
) _. i , ,_- tyic Z-7;: YE;_
: 1:!- ” .,. _-.
F;
v r]:+*
fi,
o 2 .z5 .:; .ii.b_i
8159 for irrigation of th;! go1f course'; r;
I ”
L. L
During critical
,dry months, it is likely that substantially all the water availd' c.;*'_'
8+:.g;~ that y:,z_Iej
priations will nc comingled and iiccns~e
1;:i
she5 to ;:,!ci
8ble for diversion from the unnamed streams is that which results from the appli3s being us?< for a:] g~a&i.,o;:-ized
;,$:*.>zse,
iant's
imt.;ovem9;"t efforts
i7.
water would
&;.:‘,i
‘-
3 2 -* :4
c:
eventually
! :, ,a- ... .: 1
,-. ,,
_. ^ c.:
;icLi
at the upstream
-2 ^__
LltJfl
:>
~ ..._- _. __
2’ “i!Lr’Jg
i
flow by subsurface
, ~, _ : _.2. ,‘. _
L’- _
L.:;e
means
_ L _,,i
; ; :1 j :: i
ss-Li;,l-;_-,i
to Boulder
_ _
-
If not diverted,
springs.
.:
i’
i‘;l
such
‘.‘q
i %‘”
,
Creek thence down-,
.’
However, given the relativelylong
time frames required
stream to the ocean.
.:~,~-:.t_;2;.;
event, y':_' ..'I:':-';:
;':r,',;
';‘i',:
1 i“:,.):;
<FT.,
.;.
-_ _
L..I C;. i,:,_ ,.;:
, ,-s;,i; -doubtful -that water diverted
percolation
for sut$urface _'.
the applicant
during
the dry season would
..
--
"1E;
improve
f--
+s~y,;rJy~
by
..
* .
*,. ,
downstream conditions prior to the winter rains, if it were allowed to continue
~
(”
~a
in its natural course.
Some of the water diverted from the unnamed streams
by'the applicant is consumptively used.
Some runs off from lawns, etc. into
Hire and Boulder Creeks; part enters the waste treatment system which carries
to subsurface leaching fields or to the golf course for irrigation. Any
-;r-.of'the irrigation water which runs off would flow directly to Hare Creek. The
it
.i;
foregoing considerations taken together with the fact that the applicant should
be'given a preference to unappropriated water, (if available) for what is
.,,'I
+;y
essentially a .municipal use , indicate that an all year divers ion season is proper.
?':,L;:
., !
27. The intended use is beneficial.
Effect of the Proposed Changes on any
Legal User of the Hater Involved
28.
Water Code Sections 1701 and 1702 allow any licensee to change
the place of use and purpose of use, if the licensee establishes and the Board
finds that the change will not operate to the injury of any legal user of the
water involved.
The Company has petitioned to add domestic use and to enlarge
the place of use to the entire service area of the Company, under License 8199.
This petition was submitted primarily to eliminate the need for separate outlet
and bypass conduits for Hare Reservoir No. 2, which is immediately upstream
of Hare Reservoir No. 1; instead, water released from the upstream reservoir
may be rediverted utilizing the existing conduits from Hare Reservoir No. 1.
The Company represents that it intends to continue to use the water under License
8199 for irrigation of the golf course; nevertheless, water from the two appropriations will be comingled and licensee
is being used for an unauthorized pdrpose.
.
,F‘ i
0
29.
wishes to avoid any charge that water
.
If said petition is granted, the water stored in Hare Reservoig No. 1
could be used to supply existing or future residential connections.
In that
,
event, any return flow from irrigation of the golf course would be decreased
-16-
.
’
/I
i
.
ll/
.
and the flow in Hare Creek may be diminished.-
However, since the water
would serve a domestic purpose, two principal uses may be made of it:
(1) lawns
and outside shrubbery may be irrigated; (2) water may be used inside dwellings,
,which will result in an increased flow of sewage.
The first such use would be
essentially equivalent to irrigation of the golf course.
The second such use
Iwould result in discharge to a leach field, which is in hydraulic continuity
The net result will probably be either no change in the
with Boulder Creek;
:ket'urnflow regimen or a slight increase in the flow of Boulder Creek;
In any
event, the fish,and wildlife terms to be included in the permit on Application
24172 assure an adequate flow in Hare Creek.
Furthermore, reuse of domestic
.
wastewater for such purposes as irrigation is consistent with the Board's
reclamation policy and any change in operation which enhances the possibility
of.sudh
reclamation
should
be considered
favorably.
The Board, therefore,
.concludes that the proposed changes will not operate to the injury of any
legal user of the water involved.
\
____
i..
t I:
_ ..
_.“__I._
_
.-..
.._.._._
.
.^-
-.
-.
,.
8..
->
*
:j
..
fl,:
: .-
fl/ The Final EIR concludes that the irrigation'water presently is completely
If
consumed. The above paragraph assumes that some return flow occurs.
there is no existing return flow, the proposed changes will not operate
to the injury of any legal user of the water.
I
~._.
.
_17______
.
30.
PUBLIC
The major
Path the appropriation
b.
‘I
to Application
water
The approval
.,-.
.it.:
i
24172 will
induce new develop-
impacts;
Hare Dam No. 1 and No. 2 present
C.
.
a seismic
safety
. .
hazard
12/
an earthquake'-
x \’ :.t.
adverse
;
’
d.
The appropriation
e.
The Board should
will
injure the vested
right of John B.
DeNault.
.:
L
.
completion
-.
required
r.
._
~0’:
for
flow requirements;
.
‘:
@ring
in Hare Creek to provide
minimum
of Application
_yeFt.in the area with its associated
I
24172 are as follows:
is available
and the Department's
..-
:
objections
Insufficient
a.
;'
i.._
INTEREST CONS!DERATIONS RELATED
TO APPLICATION 24172
of the final waterway
by the State Protected
delay action
management
Waterways
on Application
24172 until
plan for the San Lorenzo
Act (Calif. Stats.
River as
1971, c. 761,
.,
I...
p. 1508; amended by Calif. Stats. 1975, c. 858, p. 1925).
‘. j.
._ ‘.
‘.
!.,.F’
__
_‘
i
I.
,
‘” 1. ‘?
::j;::.
I:
i.
i
^,
.r
.. ..
.
I.
.I
.. .
. .._..........~~..
*
The concerns expressed in subd+visions (b) and (c) also apply td the petition
Our responses to these concerns will.not be separately
to change License 8199.
stated in the discussion regarding the petition to change License 8199..
In
addition; these concerns also are interrelated with the Final EIR prepared by
Matter discussed'in one section of this decision will
the Board in this matter.
These
not‘be repeated elsewhere and other minor conce,rns are omitted here.
are addressed in the Final EIR.
.
.
-18-
.
-~
31.
(--
m
The Board's response to these concerns is as follows:
a.
.
,
The findings.rkgarding the availability of unappropriated
water indicates that sufficient water is available in most years.
b.
-.
The Final EIR discusses the impact of new development in
considerable detail and this discussion will not be repeated.
The requested
appropriation could provide domestic water during normal years for between 60
and the intended 141 additional residential connections (without severe
rationing such as that practiced during 1977) depending on what.unit supply
rate or‘method of calculation is used.
Although approval of this application
does not guarantee any specific development, since additional environmental
c
clearances, approvals, and permits would be required by other public agencies,
the denial of this application might effectively prohibit the intended
development for lack ofanadequate
,
a
water supply.
A denial by this Board
based solely on the ground of growth inducement is not warranted.
The appro-
priate level of growth in this area is principally a matter for local agencies
to-decide.
Where, on the other hand, such growth may substantially adversely .’
effect other areas within the Board's expertise, such as water quality, a
..
denial of an application may be appropriate.
,
~’
.- . -5
,
C.
. .. ,
: !
:.
.
..
.
,.
of'l-lare
Dam No. 1, it may be that this dam presents a safety hazard.
.
a, .
.
Due to a lack of information on the design and construction
Records
concerning Hare Dam No. 2, however, indicate that a soil mechanics, foundations,
and materials consulting engineer performed design studies and prepared placement specifications for the foundation and fill material of the dam.
During
%
construction, the consultant also performed materials testing and inspected all
foundation and embankment operation.;. Upon completion, the consultant indicated
that the project was constructed in accordance with its'recommendations.
/.-‘
0:
is apparent that neither dam is within the jurisdiction of the Division of
-19-
It
. .
Safety of Dams, Department
,c
mendations
mostly
of Water Resources.
regarding
The Final EIR contains
In addition,
the safety of Hare Dam No. 1.
_
recomHare
0
Dam No.‘2 may require
developed
due to nonuse
Bo,ard concludes
. .. ._
Chapter
.. ,_
maintenance
that,
3 of Title
Change Order
--.
in the State
. . ..
work to correct
and minimum
repair
in accordance
conditions
since constructi
on in 1972.
with Section
781, Article
23, Cal. Adm. Code, the permit
for License
8199 should be withheld
of California,
the EIR have been completed
i . ‘.-f.
certifies
that may have
19, Subchapter
fir Application
and that any necessary
maintenance
2,
241_72_and the
‘__.:.
until an engineer,
that the recommendations
The
registered
contained
work
-
in
on Hare
Dam No. 2.has been accomplished.
** s
,=.y,
; .- .
.,.
concludes
priation
‘I
(
~
i
a
d.
._
The discussion
that there is sufficient
and satisfaction
.Furthermore,
.;
y ..,
:. : (. _’
since the measuring
.,can be assured
;:,
i-i -__
*I',:I
LIL).
:' 1 :
:
:,.
..-
e.
of adequate
:
:reason to withhold
.
_-of the'final
:.* .’t
.1
;,\+q
L
) .,‘,‘_L: ;-.
.
.I
.., ..
for service
_._
0
.y
Deflault's alleged
riparian
right.
point of the jIepartment's minimum
of protestant
DeNault's
flow requirements
diversion
water to supply his claimed
Waterway
Management
be desirable
Plan, there is no good
pending
preparation
I,...
:_.
-;
,:
-PUBLIC IKTEREST CONSIDERATIONS RELATED
TO APPLICATION 24804
is no objection
to existing
connections
.
a.
The approval
to Application
in the Company's
24804 insofar
system.
,;r
._.i (
,:
as it provides
Other
con:
:
growth;
-2o-
.)‘.
,..
..’
of Application
point, he
riparian ;right.
that while it would
action on this application
-.cernsare as follows:
/ \
water
for both this appro-
Plan.
:
5,‘I,i i_.-..,:1_.... _
a)^
.!
32.. There
:,I
i I’ .I.,:: t
“
7,),..-.
-4
: ‘;
of unappropriated
in normal years
The sinal EIR confirms
to have the completed
c $: ..- ,-,s
‘:
water
of protestant
;could be located downstream
-iI
of availability
24804 will allow
increased
.i
-
,
.
‘-
‘
b
.
d.
There
no proposed fFsh and wLldlife
are
_
I.
minimum
flow r&quirements
as in Application. 24172,
f-
35, 33.
0
fey
%e-td
t-i.2
;i5y+~c::
&c-;_<,T-~
~L.c_
The
Board's
-.
a,
The
response
1 -.
be
The
four
irffhwc-~ntitha.portion
-$BWIa-eti:Cic~k
and
in Finding
The
concerns
31(b)
streams
Creek
Creek.
mitigate,
to these
unnamed
of Boulder
Hare
sm&tsFhdtherefore,
response
ultimately
of
Department's
in part,
follows:
applies.
downstream
at least
is as
the
to
confluence
of
flow
minimum
the
contribute
adverse
require-
impact
of
c&&se-iidf_ivWsions as well.
jnfomatf
TO LICENSE 8199
37. -I-h?
34. There'is no major objection to the petition to change the purpose:,_
__..--,'I
cawet
crznt; i PUBLIC INTERESTCONSIDERATIONRELATED
03
Uy T;liC
C!i;pi-
and place of use under License 8199.
change L-icanse 2;i;
Hare' Dam No. 1,awhich was discussed
The two major
concerns
-
-
are the safety of
above, and, the applicability
of the
a
Dep~~Jm~t:s~_mi_n_imum flow requirements
Cjeo1uyy IJiiLit liii;.
Since the Deparzment
did not protest
LI.
to the water
the change petition,
pinjmum. flowirequirements
s: ;Ls.;?
do not apply to it.
No. 2 could
drained
So In:t?al
be ;ompletely
.
.
stored
sLfmer
the Department's
because
for downstream
in the order for Application
that the
the first water
balance on the first of each month
The sixth provision
November,
substantlai?y red..
Hare Reservoir
To assure
in this manner,
No. 2 could be reserved
w'th a specified declining
o -? water tram the
under this license.
No. 1, the permittee
flow requirements.
flow is not circumvented
*fo,H:re Reservoir
n i.’.I
F i -
Moreover,
into Hare Reservoir
could evad,$Cz;hzz_tDepartment's
minimum
-_?I
P PCI2z f?>*:
llll&lii~r)\r"
bl'A#
.L‘y i
minimum downstr;am
stored
release
purposes
from May through
24172
implements
the above condiiion.
.
35. License
area and this d;r:
8199 does not presently
The third and fourth provision
contain
several
standard
terms.
.
in the order for License
resi,dentiaf const;.
-21-
8199
adds these terms-;
,
. ..
t ---- ---.e.
.a._
..
_
.,
FlNDINGS CGXCERNING
THE CALIFORNIA
ENVIROi\\%iENTALQUALITY-ACT
;
_
36. -The Board prepared an EIR for Application
--\ .; ._i r-. ..
24172 and 24804 and
for the petition to change'.License8199'. A public.hearing on the Draft EIR was
On May 18, 1978, the Board certified
[iyf
,*,
7 *: .-
”
-:
‘F-
:?
i--
>, *
-
“._l.‘,$_
in Resolution No. 78-32 thit the Final EIR had been completed in compliance with
from* co;'s_I,-iiC":
.,-- :_-Ai r:f J...&F.
the California-Environhknt"ai Quality Act (Public Resources Code Section 21000 et.
i;j A lon9 tC:.ii-:
seq.) and the State EIR Guidelines (Chapter 3, Title 14 of the Cal. Adm. Code,
a.z;S:z,f
i. Y
y.:
from in_rr-_,>rs:...“
.__& 2;; _”
-I:_1 - - ti.,if.:ip
commencing with Section 15000) and that the Board had reviewed and considered the
.
(4)
$r!c.;-eassd
ey-gs;
information contained therein.
following the residential ccnstruction:
-37. The Final EIR identified the following
(7)
Natural
\;e<et;i
impacts
that could
be
caused by the approval of Applications 24172 and 24804 and the petition to
will be f'ei;,;ji;iId
G!.+~$f'~4'e~ by ccj;isi;-!;_
change License 8199:
restrict root gzrztration;
.~.
a. The Final EIR indicated no significant
(3)
geology
+hp>flJ=QP?Z;J
Dcvel ep:;::r,i;
c-;
-
impacts
but it noted that the project was in an area of geologic
a rat-2 and endancsred 5.:
“,h;
relating
to
activity.
b. Increased turbidity of water in Hare Creek may occur due
no plants ok this species;
to initial siltation during filling:
(9) Inc;-eased:-..,.n-..i 1‘ir:l!l
J
L
Dissolved
oxygen
may be reduced and water temperature
C.
$.-.LIC_,L.
on w;ldlffe and cc.-.:,
ir!rl i I IJCIUI LCIL,,
fncreased during late summer in both reservoirs;
(10) Domestic dr?gs :
y_
.
u<d. Presently, golf course irrigation during dry years depletes
an adverse effect cn vii1dlicz ?~:etn pi%:.
Sumner flows. Approval of Application 24804 will continue the consumptive use
(11) There will be c.
of water from the four unnamed streams. Approval of Application 24172 will
with increased residential grsq&h; ’
substantially reduce the underflow drainage to Boulder Creek.
(12) There will be 5.
e. Residential growth may occur within the Company's service
-<.
i
with
increased
growth;
area and this direct_jmpact may cause the following secondary impacts:
I~~;~~~
em orary' in&ease
in erosion may occur from the
(#A
ty._
PjiJS
5.G
_
j
_...
&st_emissions
~.,< ,‘_-~,J;-,
;‘=
b
(2)
:._ _-_ _
A temporary
from construction
- -! ., .T.
of air quality
may occur
of air quality
may occur
equipment;
! ;iL.
A long-term
_..
7~._ 7.:
IL5
degradation
:
;.
.,.i _;
,.* : - ... -. -
.from
increased traffic-associated
- _ ._._ ^ -,wit_k_res5,dential,,oFcupancy;_
.op, -f’
c_z
r”.*%Tr-p^
_._
(.
._
..T...
i -... ._ ._.1 i_..-...
.L.-.-.
i .” i’
“.I
-_. :_ .p .“
. _ i _ _ L-.i _.‘
..
f’]j::t&
f<e;‘i
EIE
from
.z.;
..(3)
‘2 z
degradation
.
I;
_
._ .
_~ __
_ _ .:
(4) .,.,_
P ty$syy
,_jyyyse _)z
:,of ;qmbi m-.:
ent .l>,.F
noi se
s....yw repour
e+. 1 eve1
rF,.“
-.‘;”
-cc;
.__._
._ .__.... .::.1. 8 s
_____
,.*,_,i.,_
_.. .C, ., i _“c.,.l”_-_
., f./.s4._Ii -7 .‘_.:,.,z. “‘..=
frqm_Jcc;o_nstruction
activity;
r ; .. ,’.: )I*,.
n, 3-2iG,k._LttCS
iu
;C
! ii.2 it:= 2i.C.
: -.-up
L..-,_arL,
;:;.z
3;; 1 -:-..d,i,.(-; 7 ‘; ;;r< r;.;y;r; 1j, fr ; _:3 -;;
;:;
e
.z
(6) , Increased erosion may occur for two .t_o. three years
$7rql:'~~,~~;~--c;
Thi<
>mpac-;-,zli-i?-:ii:;;;
a:,jv:~e, 13 not _.2:..
. . ..w
(7)
will
be
vegetation
:.
around
residential
development
There will be an increase
in sewage
flow associated
There will'be
in
~
sites
removed o
d.
w&f&Jncreased
mcl
Natural
ix
with increased
residential
(12)
growth;
."
growth;
(13)
an increase
.a.
-
r
i23_
electrical
energy
-j
..
..
38.
r”
The Board makes
the following
findings
concerning
the impadts
indicated in Finding 37:
e
a.
The geologic
on the use of storage facilities
insthe Final EIR recommended
As indicated
in Finding
permit on Application
engineer certifies
1,;L:
’
:;
activity
of the area was treated
on Hare Creek.
several
changes,
The dam safety
mostly
order for License
that the recommendations
b.
This
impact,
c’.
This
impact
although
study
concerning
31.~. above, the Board will withhold
24172 and a change
as a constraint
included
Hare Dam No. 1.
issuance
of a
8199 until a registered
have been completed.
adverse., is not significant.
is an unavoidable
impact of any small storage
-,L. -. _2
-2s
--zT
%+c*:__
_
. . ,I_
.
.
:I
reservoir'.
d.
mitigation
.
’
The Department's
minimum
and represents. a beneficial
there is insufficient
water
flow requirements
long-term
impact.
for the Department's
minimum
will assure
In those years
.~
‘2
.z:
when
flow requirements,
. ,
a
the fish resources
is an unavoidable
13/
to change.-
i ._
and riparian
impact of the approval
In those years,
,supply its customers
be undertaken.
habitat will be adversely
of these applications
the Company
and a stringent
water
The tenth provision
effected,
but this
and the petition
also will have insufficient
conservation
of the order
_r-.-
program would
for Application
water
to
have to
24172 mandates
..
stich‘
a program.
I..‘”
;
.I.
_
I
.
,.
-
-
.Y’
.._,
.
4’
.
I
~
j-‘
0
131 The only years when there will be insufficient or no water for the
Department's minimum flow requirements will be iti those years when no
water is available for appropriation under Applidation 24172.
-24-
.
r-'-M --(I)et,
f“
0
&tigated
by controlled
-&~ociated-tiith
.R#onaTL;Nater
-shall assure
-The-applicants
construction
said construction
QuaTityZControl
protection
indicate
practices.
is within
Board;.
that this impact
Any water
the jurisdiction
Central
quality
can be
problems
of the-Cafifornia
Coast Region;:the:~Recjional:Board
of water quality
.-.
,r. ..- from said construction
activities.
.
From the foregoing
24172 and 24804 and the petition
that permits
subject
I._.-.
should
IT IS HEREBY
permit.be
the Board concludes
to change License
be issued to the applicants
to the limitations
_’ :
findings,
and conditions
and a change
be approved
order
set forth in the orders
ORDERED that Application
issued to the applicants
8199 should
that Applications
subject
to the licensee,
following:
24172 be approved
to vested
and that a
rights and to .the following
terms and conditions:
.
1.
‘.
appropriated
shall be limited
to the quantity
used and shall not exceed 61.5 acre-feet
from November
.o;
: (
The water
be beneficially
1 of each year to April
Permittee
2.
Fteelhead
trout yearlings
in the San Lorenzo
for losses of steelhead
he.,done by the Department
per annum
30 of the succeeding
shall pay for annual
.
area to mitigate
and
replacement
of Fish and Game, subject
can
to be-collected
year.
planting
River drainage
and habitat.
which
of 1,000
below the project
This planting
to the approval
shall
of the
Fish and Game Commission\ under Section 5942 of the Fish and Game Code.
3.: Water from the reservoir
for maintenance
@Ilowing
of downstream
shall be released
fishlife and riparian
in sufficient
habitat
according
(1)
From November
16 through April' 30, the downstream
shall be 0.5 cubic foot per second or the natural inflow, whichever
:
_:
be 0.05 cubic
(2)
From May 1 through October
foot per second or the natural
c
(3)
r‘\
to the
schedule:
,
i
quantity
inflow, whichever
is less.
flow shall
is more.
From November i to November 15, the downstream flow shall
be a minimum of 0.05 cubic foot per second.
,O’
-26.
31, the downstream
flow
4
.
..
4.
installed
No~water
devices
shall be diverted
satisfactory
under this permit until
to the State Water Resources
are capable
of measuring
Natura
1
inflow shall mean the total streamflow
upstream
of the project
in-Hare Creek within
case upstream
measuring
II ._ ‘1 , _
the flows required
reservoir.
100 yards
of the existing
devices
In'accordance
5.
and Game Code, no water
have been incorporated
construction,
-“-
6.
of Boulder
of John B. DeNault.
6100 of the Fish
under this permit
that measures
necessary
until the Department
to protect
fishlife
of such diversion.
costs of any facility
required
The
pursuant
-,-
under this permit
to satisfy
shall first
the maintenance
life and riparian habitat as required by the conditions
this end, 19.5 acre-feet
of water,
or the total amount
shall be retained
in storage
on May 1 of each year.
succeeding
a quantity
determined
month from said 19.5 acre-feet,
from May 1 through November
Permittee
storage
be considered
of.downstream
fish-
of this permit.
To
in .the reservoir
if less,
three acre-feet
in the reservoir
for releases
during
per
on
the period
15 of each year.
shall instail
and maintain
the State Water Resources Control Board to measure
in the reservoir
-,.,. i
.On the first day of each
by subtracting
or the total amount
such date ,if less, shall be retained'in
in storage
Said
.
into the plans and construction
releases
,
but in no
shall be borne by the permittee.
reserved for necessary
7.
Creek,
1603, and/or Section
shall be diverted
Water held in storage
month,
of this permit.
maintained.
operation , or maintenance
to this provision
Board which
in Hare Creek immediately
facilities
with Section
of Fish and Game has determined
has
flow shall mean the flow
of the confluence
shall be properly
Control
by the conditions
Downstream
diversion
permittee
for maintenance
habitat.'
-27-
devices
satisfactory
the quantity
of downstream
of water
fishlife
to
held
and riparian
8.
/+-..
Permittee
shall maintain
downstream
inflow into the reservoir,
0
volume and releases
life and riparian
for irrigation
from storage
records
flow in Hare Creek,
to satisfy
withdrawals
habitat,
Said records
purposes.
shoi/ing the quantity
reserved
the maintenance
for domestic
storage
of downstream
purposes,
shall be compiled
of natural
fish-
and withdrawals
no less frequently
weekly. Copies of such records shall be forwarded to the State Water
than
Resources
*.i5
Board no less frequently
Control
,_
Permittee
9.
than bimonthly.
shall assure that all connections
to its water
system
are metered.
.’
.:
-
10.
If
precipitation
for the months
of October
April: of any water year is less than 50 percent
pitation
for those months
(as measured
through
of the median
at the precipitation
preci:
station
.
nearest
-7
*
1 the
Boulder
permittee
Creek with a minimum
shall, by
period
of record of ten years),
15, submit a water
May
conservation
program
*
to
the
Board
for review
in paragraph
@cified
with the continuing
in accordance
16 next below.
11. -This permit does not authorize collection
I/
outside of the specified season to offset evaporation
.
or for any other purpose.
. . .’ ’ *:_.i_.
_.*‘
“-.12.
i
8 .
.
license
_;
;
The amount
\
authorized
.,
of water
to storage
and seepage
losses
_
-.
for appropriation. may be
reduced in the
.
if investigation
~ _- , 13.
Complete
warrants.
application
made on or before.Decemberl,
i
requested
Progress
14;
by,the
Resources
Control
2’
of the water
to the proposed
Resources
use shall
be
.,
1982.
reports shal! be submitted
State Water
Permittee
15.
c:
authority
Control
Board until
shall allow.representatives
Board and other parties,
-28-
promptly
by permittee
license
when
is issued.
of the State Vater
as may be authorized
from time
-.
to-time by said Board,
'bliance with
reasonable
the terms of-this
Control
Board
to project works
permit.
EZ ..’ i.. 2
.i -- -"16.T~PursuantVto'California
Resources
access
._
Water Code Section
_.
com._
100, all rights-and
if, after notice to the permittee
-29-
to determine
and an opportunity
f’
a
for hearing, theaBoard
quality
objectives
in water
may be dstablished.or
action will
adequate
. hith
quality
modified
be taken pursuant
waste
respect
pursuant
to all waste
discharges
in the area involved,
solely
J .'IT IS HEREBY
through
of California,
has certified
to Division
which
7 of the Water
unless
the control of waste
(I)
effect
upon
objectives
discharges.
that the Executive
24172 until an engineer,
Director
registered
actions
investigation
No
and are in effect
and (2) the water quality
A soils and geotechnic
Code.
the Board finds that
have any substantial
that the following
*
to meet water
have been or hereafter
have been prescribed
FURTHER ORDERED
issue a permit on Application
is necessary
plans which
to this paragraph
requirements
cannot be achieved
1.
control
discharge
tiater quality
(1. .<.
finds that such modification
shall
not
in the State
I
have been completed:
shall be carried
out to
.
determine
“.”
/’
0
the adequacy
:; sny necessary
'.
2.
of the Hare Dam No. 1 embankment
and foundation,
remedial work shall be completed.
Spillways
of Hare Dam No. 1 shall be reconstructed
to pass a
1,000 year flood safely with 1%. feet of freeboard.
:,
?
3.
and
Roadway
br:'dge supports
.
<j:.
..C_
from the'spi llways
shall be removed
of
Hare Dam No. 1.
I
I
4.
'Debris barriers
)‘j.
!‘,
to prevent
upstream
of the Hare Dam No. 1
-_
spi 11ways.'
c.._f
shall be installed
5.
Repair work
further
erosion
shall be undertaken
and damage
GIooden boards shall be removed
7.
Maintenance
work necessary
b
from the spillway
for initiation
of brush and repair of surface
shall be completed.
-3o=
...--._
.,
_,
of Hare Dam No. 2
to the structure.
6.
-:1$o;..2,
such as removal
on the spillway
.
of Hare Dam No. 2.
of storage
erosion
behind Hare Dam
of the embankment,
IT IS HEREBY FURTHER ORDERED that Application
/‘-
d
0
that a permit be issued to the applicant
subject
24804 be approved
to vested
rights
and
and to the
following terms and, conditions:
1.
--
The water
be beneficially
appropriated
used and shall not exceed 0.52 cubic
diversion and 10 acre-feet.per
Of each year.
‘3.
I‘&_,.:
:.
~:
335.25 acre-feet
.~
a
Complete
foot per second
;,
.
2. .The amount authorized
3.
f
-
to the quantity
from January
1 to
31
.,
shall not
30.
may be reduced
in the-
warrants.
application
can
by direct
-’
1 to September
for appropriation
which
December
to be taken from the sources
per water year of October
license if investigation
.
_
annum by storage
The total amount of water
exceed
. 'i.;i
shall be limited
.
of the water
to the proposed
use shall be
made on or before 'December 1, 1982.
4.
I..
‘4 -..:_ .,:
’
requested
Progress
reports shall be submitted
by the State Water Resources
5.
Permittee
Control
promptly
Board
shall allow representatives
reasonable
access
to project works
until license
when
is issued.
of the State Water
Control Board and other parties, as may be authorized
said Board,
by permittee
Resources
from time to time by
to determine
compliance
with
the terms of this permit.
6.
1
Pursuant
to California
Water Code Section
privileges under this permit and under any license
including
.
method
are subject
Board
of diversion,
to the continuing
in accordance
with
method'of
authority
100, all rights
issued pursuant
use, and quantity
of the State
law and in the interest
Water
and
,,
thereto,.
of water
diverted,
Resources
Control
of the public welfare
to
‘
prevent was'te, unreasonable
use, unreasonable
method
method of diversion of said water.
*"..
\
\
“
,c,'
-31-
*
of use, or unreasonable
_.
,
This continuing authority of the Board may be exercised by
imposing speci fit requirements
over and above those contained in this permit
with a view to mini,mizing waste of water and to meeting the reasonable water
requirements of permittee without unreasonable draft on the source.
Permittee
may be required to implement such programs as (1) reusing or reclaiming the
water aTlocated; (2) restricting diversions so as to eliminate agricultural
tailwater or to reduce return flow (3) suppressing evaporation losses from
water surfaces; (4) controlling phreatophytic growth; and (5) installing,
maintaining, and operating efficient water measuring devices to assure compliance
with the quantity limitations of this permit and to determine accurately
iater‘use as against reasonable water requirements for the authorized project.
NO action will be taken pursuant to this paragraph unless the Board determines,
after notice to affected parties and opportunity for hearing, that such
specific requirements are physcialTy.and financially feasible and are'appropriate
to the particular situation.
2-
=,a; t
:
I-;
,...
., /
‘,
7.
.The quantity of water diverted under this permit and under any
license issued pursuant thereto is subject to modification by the State Water
Resources Control Board if, after notice to the permittee and an opportunity.
for.:hearing, the Board finds that such modification is necessary to meet water
qua-lity objectives in water quality control plans which have been or hereafter
ma$be
:established or modified. pursuant to Division 7 of the Water Code.
No
a'&ion will be taken pursuant to this'paragraph unless the Board finds that (1)
&dequate, waste discharge requirements have been prescribed and are in effect
fith?espect
to all waste discharges which have any substantial effect upon :
water quality in the area involved,'and (2) the water quality objectives cannot
be.achieved solely through the control of waste discharges.
,
<CL*
:
;
_J
'bf 'water
-8.
Permittee
shall not exercise
nained herein so long as this
thereto 'remains-in-.effect_
IT I&REREBY
===,=i :=..
I _ T’s”:
permit
any other existing
right
or any license issued
to the
use
pursuant
I,
FURIHER'BRDl!REDSthat
the petition
to change
License
8199
*
(2) the water quality objectives cannot be achieved solely through the control
of waste discha&-
:
_ :. :_..:--‘:
controlling
#gJ=. ““j’g~‘p~, ($73
I_# ‘4
.’
_:-_‘,--
-1:
_
_.
phreatophytic growth; and (5) installing,
maintaining, and operating efficient
to assure
. ‘_’
_ _water m$tsurin.g_devices
,._ Cti&!+;_!.r<.:
y’,TT /. ‘-
compliance with the quantity limitations of this license and to determine
the Board determines, after notice to affected parties and opportunity for
feasible and are appropriate to the partic'ularsituation.
IT IS HEREBY FURTHER DRDEiED that the Executive Director_shall not-4
issue a change order for License 8199 until an engineer, registered in the
State of California, has certified that the following actions have been conipleted:
._.
.
-34-
4
1.
_.
$
A soils and geotechnic investigation shall be carried out to
determine the adequacy of the Hare Dam No. 1 embankment and foundation, and
any necessary remedial work shall be completed.
2.
Spillways of Hare Dam No. 1 shall be reconstructed to pass a
1,000 year flood safely with 1% feet of freeboard.
3.
Roadway bridge supports shall be removed from the spillways of
Hare Dam No. 1.
4. ,Debris barriers shall be installed upstream of the Hare Dam No. j
spillways.
5.
Repai,rwork shall be undertaken on the spillway of Hare Dam No. 2
.
to prevent further erosion and damage to the structure..
I
:
=
-
6. .Wodden boards shall be removed from the spillway of Hare Dam No. 2.
,‘..’
7..
-Maintenance work necessary for ini-tiation of storage,kQJnd
:
‘
Hare
Dam No. 2, such as removal of brush and repair of surface erosion of the embankment, shall .be comp,leted.
Dated:
June 15, 1978
WE CONCUR:
ii/
JOHN E. BRYSON
John.E. Bryson, Chairman
/s/ W. W. ADAMS
W. W. Adams, Member-
/s/ W. DON MAUGHAN
W. Don Maughan, Vice Chairman
.
*
.'.-35
_