0087•EDMUND G. BROWN.
GOVERNOR OF
CALIFORNIA
KENT SILVERTHORNE. CHAIRMAN
RALPH J. MCGILL. MEMBER
W. A. ALEXANDER. MEMBER
THE RESOURCES AGENCY OF CALIFORNIA
Stzar 'H Orr Eig1pa Briarb
February 16, 1962
1401 219T STREET
P. O. BOX 1592
SACRAMENTO 7. CALIFORNIA
To Applicants, Protestants
and Interested Parties
WILLIAM E. WARNE
ADMINISTRATOR
RESOURCES AGENCY
•
Subject: Applications 17139, 17149, 17235, 18021; 18030,
18031, 18038, 18039, 18248, 18283
Gentlemen:
Enclosed is copy of Decision No. D 1056 of the State Water
Rights Board adopted on February 15, 1962, in connection
with the above -numbered applications. The Board has approved
the applications in part and ordered that permits be issued
subject to the terms and conditions set forth on pages 17
through 24 of the decision.
Very truly yours,
e\<
L. K. Hill
Executive Officer
Enclosure
LELAND K. HILL
EXECUTIVE OFFICER
•
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•
STATE OF CALIFORNIA
STATE WATER RIGHTS BOARD
In the Matter of Application 17139 )
of Oakwood Investment Company; )
Applications 17149 and 17235 of )
)
North Tahoe Public Utility District, )
Applications 18021, 18030, 18031, )
18038, and 18039 of Meyers Water )
Company; Application 18248 of Fulton )
Water Company; and Application 18283 )
of Tahoe Tavern Heights Water Company)
to Appropriate from Lake Tahoe or its)
)
Tributaries in Placer and El Dorado )
Counties )
Decision D 1056
ADOPTED FEB 15'62
The above-named applications are for permits to appro-
priate unappropriated -water from Lake Tahoe and various streams
tributary thereto. Protests having been received with respect to
each of said applications, a public hearing was held in Sacramento,
California, on September 13, November 29 and 30, and December 1,
1960. Board Chairman Kent Silverthorne presided at all sessions
of the hearing. The essential features of the applications are
set forth in Table I.
Protestant Sierra Pacific Power Company has powerhouses
located on the Truckee River just above the Nevada line, This
protestant and protestants Washoe County Water Conservation District
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and Truckee -Carson Irrigation District are engaged in the sale or
distribution of Truckee River water for consumptive use in Nevada.
Each claims prior appropriative and decreed rights to the waters
of Truckee River and contends that there is no unappropriated water
in the Lake Tahoe Basin which supplies the Truckee River, California
Department of Fish and Game protests applications of Meyers Water
Company for appropriations from Upper Truckee River and tributaries,
alleging that the quantities of water applied for at times exceed
the minimum flows of the streams and an insufficient flow in the
stream would be destructive to the trout and Kokan.e.e salmon fisheries
resources of Upper Truckee River, Oakwood Investment Company op-
poses the applications of North Tahoe Public Utility District on
the basis that. it already serves most of the latter°s proposed
service area.
The. Lake Tahoe Basin consists of a relatively large lake
surrounded by a rather narrow doughnut -shaped watershed with a
multitude of contributory small streams. The largest of these
tributaries is the Upper Truckee River at the south end of the lake.
Total drainage area above the lake outlet is 519 square miles in-
cluding 193 square miles of lake water surface. Watershed elevations
range from a maximum of 10,881 feet at Freel Peak to 6,223 feet at
the lake outlet (Staff Exhs, L and 5). Across the outlet of the
lake into the Truckee River is a six -foot -high dam operated by the
Truckee -Carson Irrigation District under contract with the United
States Bureau of Reclamation. In effect, the lake is operated as
a storage reservoir, with a capacity of about 745,000 acre-feet
between elevation 6,223 (the rim of the lake) and 6,229.1 (Staff
Exh. 4; USGS Water Supply Paper 15649 1958).
Issuing from the northwest corner of Lake Tahoe, the
Truckee River flows due north to the town of Truckee, where it
turns to the east. Just above the Nevada line is a series
of powerhouses. At the Farad powerhouse of the Sierra Pacific
Power Company near Floriston the Truckee River has a drainage
area of 940 square miles. The 45 -year average discharge of the
Truckee River at Farad as computed in 1958 was about 5889000 acre-
feet per year. The 44 -year average annual discharge of Lake Tahoe
is about 182,000 acre-feet per year, or about one-third of the
total Truckee River flow into Nevada.
The Truckee River continues east through the cities of
Reno and Sparks, and its natural course is into Pyramid Lake, a
saline body of water without outlets. Derby Dam, located to the
east of Sparks, is the point where Newlands Project water is
diverted by the Truckee -Carson Irrigation District to Lake Lahontan.
Water flowing by Derby Dam which is not required to satisfy decreed
downstream Indian rights and which wastes into Pyramid Lake is
assumed to be surplus and unappropriated.
The outlet of Lake Tahoe was first dammed by a crib dam
of timber and stone fill completed in 1870 by a Colonel A. W,
Von Schmidt, who had acquired a half section of land surrounding
the Truckee River outlet. By Chapter 513 of the Statutes of 1870,
California authorized the Donner Lumber and Boom Company "to
-4-
improve, at its own expense, the channel of the Truckee River ,
and by erecting floodgates at the outlet of the lake and along the
channel of said river, not more than five feet in height, so as to
render it practicable to float saw logs, lumber and wood down the
channel to said Town of Truckee."
The old Von Schmidt and Donner Lumber and Boom Company
dam became obsolete by 1909, and the present concrete structure
was begun at that time.
Water rights on the Truckee River, including those
applicable to Lake Tahoe, are "defined" in part by four documents
that are listed below in chronological order (Oakwood Exh, 8, p. 33).
1. Decree of June 4, 1915, in the District Court
of the United States, Northern District of California, Second
Division, in the case of The United States of America, Plaintiff,
v. The Truckee River General Electric Company, Defendent,
2. Newlands Project contract of 1926 between the
United States and the Truckee -Carson Irrigation District.
3. Truckee River agreement of 1935 between the United
States, Truckee -Carson Irrigation District, Washoe County Water
Conservation District, Sierra Pacific Power Co., and various
others.
4. Truckee River final decree entered September 8,
1944, in the District Court of the United States in and for the
District of Nevada in the case of United States of America, Plaintiff.
v. Orr Water Ditch Compan et al. Defendents.
m5_
The 1915 decree, in addition to condemning rights of
way for outlet works at Lake Tahoe, defines rights to store
Truckee River water in, and release it from, Lake Tahoe, It
provides that certain flows, known as the "Floriston rates," are
to be maintained in the river as measured at the gaging station
near Floriston, California, and permits regulatory operations in
order to satisfy the rights of both irrigation and power interests.
The NewlandsProject contract of 1926 gives the Truckee -
Carson Irrigation District the prior contract right to water
required to irrigate 87,500 acres.
The 1935 agreement reaffirms the 1915 decree and contains
various operating agreements relative to maintenance of the
"Floriston rates" in the light of developments since 1915, including
construction of the Boca Reservoir by Washoe County Water Conserva-
tion District.
The Truckee River final decree of 19)4 adjudicates over
700 claims of rights to use of waters of the Truckee River. It
authorizes storage of water in Lake Tahoe behind the six-foot dam
of the Bureau of Reclamation together with direct diversion from
the Truckee River to Lake Lahontan and the Newlands Project,
Except for power plants and their non -consumptive use of water
above the Nevada line, all places of use authorized by said four
documents are located in Nevada.
Releases from storage of California reservoirs other than
Lake Tahoe which affect flows in the Truckee River above Floriston,
include Boca Reservoir and Donner and Independence Lakes with a
collective storage capacity of about 80,000 acre-feet,
The effect of the 1944 final decree and the 1915 decree
and 1935 agreement ratified by it is to provide for releases of
water stored in Lake Tahoe, Boca Reservoir, and Donner and Independence
Lakes in accordance with agreements of the parties and under control
of a watermascer appointed by the court. The parties to these agree-
ments a!xd these court actions do not include any persons or parties
located on or upstream from Lake Tahoe (Staff Exh. 3, p• 18),0
The Department of Water Resources prepared a hydrologic
study of the Truckee River with relation to surplus water at Derby
Dam after all present uses and the Pyramid Indian rights are met,
The study covers the 30 -year period from January 1923 through
September 1952 (RT pp. 49-54; DWR Exh, 2), and assumes 1956 develop-
ments and usage except for delivery of water to the Pyramid Indians
in excess of usage and to the full extent of their decreed rights.
Surplus water at Derby Dam ranged from zero in five years to 868,900
acre-feet for the first nine months of the 1951-52 water year. The
annual average of surplus water at Derby Dam was 142,000 acre-feet.
The same study shows that in five years the water was so high in
Lake Tahoe that releases were required for the prevention of
excessive high water. These years coincide with years of high
surplus water in Pyramid Lake> The 30 -year annual average of these
Tahoe releases is 28,250 acre-feet. By any standard, high water
releases from Lake Tahoe which reach Pyramid Lake are unappropriated.
-7-
Since Lake Tahoe is an interstate lake, and the Truckee
River rises for the most part in California and flows into Nevada,
there is an underlying requirement for an equitable division of
these interstate waters between the States of California and
Nevada. See Colorado v. Kansas, 320 U. S. 383, 64 S.Ct. 176 (1943).
That California has not yet exhausted its entitlement appears clear,
since most of the water of the Truckee River System, including
Lake Tahoe, rises in California, but nearly all of the consumptive
use of the Truckee takes place in Nevada. This Boards power to
authorize appropriation of unappropriated water is limited to
Californials equitable share of these interstate waters.
For several years the States of California and Nevada
have been attempting to negotiate a compact for the allocation of
water in the Lake Tahoe Basin as well as the Truckee, Carson, and
Walker Rivers. A joint study conducted by the California Department
of Water Resources and the Nevada State Engineer has determined that
ultimate development in the Lake Tahoe Basin will require a gross
diversion of 34,000 acre-feet per annum. Reportedly the Compact
Commission has adopted the 34,000 acre-feet gross diversion figure
as the basis for a compact and is negotiating for an allocation of
approximately 65% to California and 35% to Nevada. In 1956, a total
of 12,300 acre-feet of water was being diverted to use in the Lake
Tahoe Basin; 8,900 acre-feet in California and 3,400 acre-feet
in Nevada. Since the applications considered herein request permits
for diversions at rates which, if maintained continuously throughout
the seasons specified in the applications, would aggregate a
quantity of water somewhat in excess of the anticipated total
allocation to California, the Compact Commission urges the State
Water Rights Board to give consideration to limiting any permits
issued to a reasonable annual acre-foot quantity and also; to a
quantity that can be reasonably used in the near future (RT pp. 13-
28). r`
A further study by the Department made for the Joint
Compact Commission showed that appropriation of water for domestic
purposes and recreational uses in the Tahoe basin would have little,
if any, effect on downstream users (RT pp. 85-88). This is because
of the decrease in evapo-transpiration in urbanized areas and
anticipated return flow. A similar finding was made by the State
Engineers of Nevada and California in June of 1949 (Staff Exh, 3).
The Nevada State Engineer has recently approved applications to
appropriate from the Nevada portion of Lake Tahoe (Oakwood Exh. 7)0
In view of the possible limitations of a water supply to
California by the proposed Compact, the reservation of large
quantities of water for long range future development in the Lake
Tahoe area is found to be against the public interest. It appears
reasonable to limit permits to amounts of water that can be
developed and placed to beneficial use within the next ten years.
The attention of the applicants is also invited to the power of an
interstate compact, when ratified by the States concerned and by the
United States, to modify existing rights such as the permits hereby
authorized. (Hinderlider v. La Plata and Chevy Creek Ditch Co.,
304. U. S. 92, 58 s.ct. 803).
-9
Oakwood Investment Company (dba Brockway Water Co.)
Application 17139 is for a permit to appropriate 2.5 cubic feet
per second (cfs) between June'l and September 30 from Lake Tahoe
for municipal purposes. The service area of the company is
located at the north end of Lake Tahoe adjacent to the California-
Nevada State line and includes the communities of Tahoe Vista,
Kings Beach, Brockway and Crystal Bay (Oakwood Exh. 1). The
company has approximately 1,100 service connections serving as many
as 10,000 persons during the peak summer months (RT p. 129).
The present sources of water for Brockway Water Company are
gravity diversion from Griff Creek and Mt. Baldy Springs area and
pumping from Lake Tahoe. The Griff Creek diversion system has a
capacity of approximately 1.5 cfs; the Mt. Baldy Springs diversion
has a capacity of approximately 1.0 cfs. The company diverts from
the lake by means of three pumps having a combined capacity of
3.25 cfs. Rights claimed to cover the diversions include appropria-
tive rights based on notices posted and recorded prior to 1914,
riparian rights, Licenses 1910 (Application 6983)•. and 5646 (Applica-
tion 125�4), both covering appropriations from Griff Creek, and use
from the lake during the summer since prior to 1914 (RT 130-137;
Oakwood Exhs. 3 and 4).
During July 1960, which is considered to be a peak month,
the average diversion by Brockway Water Company was 5.35, cfs with
daily peaks reaching as high as 6.35 cfs. The demand is supplied
from the gravity system whenever possible and is supplemented by
pumping from the lake when necessary. The quantity of water
-10-
applied for under Application 17139 is being fully utilized from
Lake Tahoe at the present time during the entire diversion season
requested. This amounts to a total diversion of approximately
600 acre-feet per year (RT pp. 133-135, 110, 150).
North Tahoe Public Utility District Applications 171).9
and 17235 are to appropriate 3 cfs from Lake Tahoe and 3 cfs
by direct diversion and 5 acre-feet per annum by storage from
unnamed springs tributary to Griff Creek. The service area of the
district is a part of the area now served with water by Brockway
Water Company (RT pp. 165, 169, 170). The district presently pro-
vides sanitary services and street lighting for the area (RT. p.
160).
On November 29, 1960, North Tahoe Public Utility District
submitted petitions to change the place of use under Application
17149; and to change the place of use, point of diversion, and
character of use under Application 17235. The purpose of the
petitions to change the place of use is to conform the place of
use to present district boundaries and anticipated service area.
Petition for change in point of diversion under Application 17235
proposes the moving of the point of diversion contemplated on the
unnamed springs tributary to Griff Creek to Lake Tahoe and the
elimination of the proposed storage of water. The petition for
change in character of use under Application 17235 is to add
municipal use, which purpose was omitted in the original application
(RT pp. 154-157, Staff Exh. 1). Diversion of water under Applica-
tions 17149. and 172.35 is now to be at one location to be effected
-11-
by a submerged pipeline extending into Lake Tahoe with a pumping
facility located on the shore.
If the district's voters elect to do so, it has the
power to engage in the distribution of water, even though the area
is now served by a public utility. Such a decision should be
forthcoming in the next year or so. Accordingly, it appears reason-
able in approving the applications of the district to provide that
no permits be issued thereon unless and until the electors of the
district, not later than July 1, 1963, vote to approve bonded
indebtedness required for distribution of water. To prevent duplica-
tion of water rights, it is also reasonable to provide that the
quantities of water authorized by the district's permits be reduced
by such water, rights, if any, as itmay acquire from Oakwood Invest-
ment Company.
The district's evidence indicates that as of 1970 its
total annual diversion requirements will be about 1,900 acre-feet•
per annum, with a maximum summer monthly diversion of 240 acre-
feet.
It is found that no one will be prejudiced by allowance
of the district's petitions for change of place of use, point of
diversion, and purpose of use.
Meyers Water Company Applications 18021, 18030, 18031,
18038, and 18039 are to appropriate from Upper Truckee River for
areas being developed by Tahoe Paradise, Inc. The service area
is shown on Meyers Water Company Exhibit L. On November 30, 1960,
petitions were filed in connection with all of the applications
-12-
to consolidate the places of use so that water from any of the
points of diversion named in the applications may be commingled
and used throughout the entire service area (RT pp. 287-289).
Notice of these petitions was given but no protests were received
(Staff Exh. 1).. A petition for change in point of diversion under
Application 18030 was also filed on March 28, 1961 (Staff Exh. 1).
This petition proposes moving the point of diversion under Application
.18030 downstream approximately 2,000 feet in
protest by California Department of Fish and
order to satisfy the
Game. The intervening
land is all owned by.'the applicant (RT pp. 327-329). A request
was also made by the company to reduce Application 18021 from
2.5 cfs to 1.0 cfs which allegedly would adequately cover the
amount of.water, available (RT p. 257). It is found that no one would
be prejudiced by allowance of said petitions and said requested
amendment.
Meyers. Water Company was formed in 1955 and was certified
as a public utility during the same year (RT pp. 260, 261). As of
November 1960, the company had approximately 125 service connections
and had approximately 180 connections during the summer peak of
1960 (RT p. 283). The company presently has two sources of water;
one source is a well located in the northern portion of the service
area which produces about 14.50 gallons per minute; the other source
is a series of springs in the same area and is covered by Application
18021 (RT pp. 285-287).
_i3-
•
Meyers Water Company indicates that the summer water
supply from the Tipper Truckee River will be insufficient for
its needs. ,Accordingly, the plan is to obtain a supplemental
supply from wells' (RT pp. 306, 307).
The evidence indicates that Meyer's total water require7
2 2 q
ments from all sOurces in 1970 will be about 2,760 acrerfeet per
annum ,an 'd ;about 345 acre-feet in a maximum month. About 400 acre-
:
feet -of the annual requirements could be met by storage.
The five dpplications of Meyers Water Company were pro-
tested by the California Department of Fish and Game which presented
evidence of'the,importance of the Upper Truckee River for the spawn-
ing 'of, Rainbow an. Brown trout and Kokanee salmon. Rates of flow
for the bypass of water down the Upper Truckee River, as proposed
by the DoiPaPtMant and agreed to by Meyers, are found to be in the
P111.2.11 -o 'irlereat :
•
. , .
- •
• John ,A':-Fuiton-:(dba. 'Fulton Water Company Application 18248
. •
is toran:aiproi)riat* of 1 cfs year-round from Lake Tahoe. 'The
• applicatttp:servicearea is located at the northwest corner of
TahoeLake about- iles northeast of TahoeCtty. At the present
tirne. approximately 175 residential connections are served by the
company. :potentialli the company will. be obligated to. serve about
950 .Cutomersin0,udl,ng 40 commercial lots. Most of the lots
hae:alreadY1..01,4(RT pp. 3817383).
FultP# Water Company has been in business since 1928,
The Water.sUPplyfOrthe company is pumped from Lake Tahoe at
two locations. At present 100 gallons per minute, are pumped from.
. •
the northerly pumping station (covered by Application 18248) and
60 gallons per minute are pumped at the southerly pumping station
(covered by another application not yet set for hearing). During
1961, these pumping stations were to be increased to 200 gallons per
minute and 100 gallons per minute, respectively (RT pp. 379, 393).
Applicant Fulton Water Company has assumed a use of 450
gallons per day per person in calculating its future use of water.
This quantity issubstantially greater than the quantity used by
the other applicants and that believed by the Board to be necessary.
The concensus of the other applicants with regard to a quantity for
daily per capita use in 1970 is 250 gallons per day. Using this
quantity as a basis for estimating Fulton Water Company's 1970 use
and applying the other criteria furnished by the Company, the total
diversion in acre-feet per annum and the average diversion in cubic
feet per second during the maximum month are 280 acre-feet per
annum and 0.74 cubic foot per second, respectively. Accordingly,
diversion in excess of 0.74. cubic foot per second will be denied.
Tahoe Tavern Heights Water Company Application 18283 is
for an appropriation of 0.9'cfs year-round from Lake Tahoe. The
Company's service area is located on the west side of the lake
about one mile south of Tahoe City (RT p. 359). At present the
Company serves water to about 30 connections from a well located
about 185 feet back from the shore of Lake Tahoe (RT pp. 360, 361).
The well was installed in 1946 and has a pumping capacity of 45
gallons per minute (RT pp. 361-363). As development of the sub-
division proceeds it is planned to pump water from Lake Tahoe to pro-
vide a water supply for approximately 255 lots (RT pp. 361-364.).
-15-
The evidence indicates that water requirements for Tahoe
Tavern Heights Water Company in 1970 will be about 135 acre-feet a
year, with a maximum monthly diversion of about 20 acre-feet, and
that its service area will require a maximum rate of diversion of
0.4 cfs, Accordingly, diversion in excess of 004 cfs will be denied,
Sierra Pacific Power Company filed protests against all of
the subject applications; Truckee -Carson Irrigation District filed
01-pe)P
protests against all except Application 17235; and Washoe County Water
Conservation District filed protests against
17139 and 1711.+9 (Staff Exh, 1)o These three
all except Applications
protestants are located
in the State of Nevada. They presented no testimony or evidence
at the hearing, apparently taking the position that, while not
conceding that unappropriated water exists in the Lake Tahoe Basin,
they will abide by any agreement entered into between the States
California and Nevada for allocation of the waters of Lake Tahoe
Basin, These Nevada protestants also urge that the Board, if it
does issue permits, impose such reasonable restrictions and limita®
of
tions as will insure economical and beneficial
allocated to California (RT pp, 101®104; Staff
The evidence indicates and the Board
ated water exists in the Lake Tahoe Basin, and
ble limitations and conditions, such water may
use of the water
Exh, 1),
finds that unappropri®
that subject to suitam
be diverted and used
in the manner proposed without causing substantial injury to any
lawful user of water. The intended use is beneficial.
From the foregoing findings, the Board concludes that
Applications 17139, 17149, 17235, 18021, 18030, 18031, 18038, and
18039 should be approved, that Applications 18248 and 18283 should
be approved in part, and that permits should be issued to the
respective applicants for a total annual quantity not to exceed
5,675 acre-feet and subject to limitations and conditions of general
or specific applications as indicated,
ORDER
IT IS HERFRY ORDERED that Applications 17139, 17149,
17235, 18021, 18030, 18031, 18038, and 18039 be, and they are, ap-
proved, and that Application 18248 be, and it is, approved in part,
subject to vested rights and to the limitations and conditions of
special application as set forth in the following Orders, and to
the limitations and conditions of general application to be included
in each permit as follows:
1. The maximum amount herein stated may be reduced in
the license if investigation warrants.
2. Progress reports shall be filed promptly by permittee
on forms which will be provided annually by the State Water Rights
Board until license is issued.
3. All rights and privileges under this permit, including
method of diversion, method of use, and quantity of water diverted
are subject to the continuing authority of the State Water Rights
Board,in accordance with law and in the interest of the public
welfare to prevent waste, unreasonable use, unreasonable method of
of use, or unreasonable method of diversion of said water.
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Li., Permittee shall allow representatives of the State
Water Rights Board and other parties, as may be authorized from
time to time by said Board, reasonable access to project works to
determine compliance with the terms of this permit,
ORDER
IT IS HEREBY ORDERED that:
1. The amount -of water to be appropriated under Applica-
tion 17139 of Oakwood Investment Company shall be limited to the
amount which can be beneficially used and shall not exceed 2.5
cubic feet per second by direct diversion to be diverted between
June 1 and September 30 of each year for municipal purposes and
shall not exceed 600 acre-feet in any year,
2. Total direct diversion from Lake Tahoe under this
permit and under any other right, if any, that permittee may
have for use on the place of use hereby authorized shall not be
in excess of the rate of 3,25 cubic feet per second; provided, this
condition in no way implies or authorizes a right to direct diversion
in excess of the rate of 2,5 cubic feet per second.
3. Complete application of the water to the proposed use
shall be made on or before December 1, 1965,
ORDER
Petitions having been filed by North Tahoe Public Utility
District to change the point of diversion, place of use, and purpose
of use described in its Application 17235 and to change the place
of use as described in Application 17149, and it being found that
the proposed changes will not operate to the injury of any lawful
user of water,
IT IS HEREBY ORDEREll that said petitions be, and they
are, approved; and
IT IS FURTHER ORDERED that:
1. The amount of water to be appropriated under Application
17149 shall be limited to the amount which can be beneficially used
and shall not exceed 3.0 cubic feet per second by direct diversion
to be diverted between January 1 and December 31 for municipal,
domestic, recreational, and fire protection purposes.
2. ..The amount of water to be appropriated under Application
17235 shall be limited to the amount which can be beneficially used
and shall not exceed 3.0 cubic feet per second by direct diversion
to be diverted between January 1 and December 31 for municipal,
domestic, recreational, and fire protection purposes.
3e The total amount of water to be appropriated by direct
diversion under Applications 17149 and 17235 and under rights, if
any, acquired from Brockway Water Company (Oakwood Investment
Company) shall not exceed 240 acre-feet in any calendar month or
1,900 acre-feet in any year.
4e Actual construction work shall begin on or before
July 1, 1963, and shall thereafter be prosecuted with reasonable
diligence, and if not so commenced and prosecuted, these permits
may be revoked.
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5. Said construction work shall be completed on or
before December 1, 1968.
6. Complete application of the water to the proposed
use shall be made on or before December 1, 1970.
7. Permits shall not be issued on Application 17149
or -17235 unless and until the electors of North Tahoe Public Utility
Distr.ict,,not later than' July 1, 1963, vote to approve. a bond issue
:required' for said Districtts water distribution project; in default
of.such action, said applications shall be canceled.
ORDER
• .Petitions having been filed to change the place of use
as described in Applications 18021, 18030, 18031, 18038, and 18039
of. Meyers Water Company, 'and to change the point of diversion as
described in said Application 18030, and it being found that the
proposed'changes would not operate to the injury of any lawful user
.of water,
IT IS HEREBY ORDERED that said petitionsbe, andithey are,
approved.
IT IS FURTHER ORDERED that:
1. The amount of water appropriated under Application
18021 of Meyers Water.Company for domestic purposes shall be limited
to the amount which can be beneficially used and shall not exceed
1.0 cubic foot. per second by direct diversion to be diverted from
January 1 to December 31 of each year and 6 acre -;feet per annum
by storage to be collected from January1 to December 31 of each
year.
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2. The amount of water appropriated under Application
18030 for domestic purposes shall be limited to the amount which
can be beneficially used and shall not exceed 3 cubic feet per
second to be diverted from January 1 to December 31 of each year.
3. The amount of water appropriated under Application
18031 for domestic purposes shall be limited to the amount which
can be beneficially used and shall not exceed 3 cubic feet per second
to be diverted from January 1 to December 31 of each year.
.4. The amount of water appropriated under Application
18038 for domestic purposes shall be limited to the amount which
can be beneficially used and shall not exceed 3 cubic feet per
second by direct diversion to be diverted from January 1 to
December 31 of each year and 200 acre-feet per annum by storage to
be collected between January 1 and December 31 of each year.
5. The amount of water appropriated under Application
18039 for domestic purposes shall be limited to the amount which
can be beneficially used and shall not exceed 3 cubic feet per
second by direct diversion to be diverted from January 1 to
December 31 of each year and 200 acre-feet per annum by storage to
be collected between January 1 and December 31 of each year.
6. The total amount of water appropriated by direct
diversion under Applications 18021, 18030, 18031, 18038, and 18039
shall not exceed 345 acre-feet in any calendar month or 2,360 acre-
feet in any year.
7. Actual construction work shall begin on or before
July 1, 1962, and shall thereafter be prosecuted with reasonable
diligence, and if not so commenced and prosecuted, these permits
may be revoked.
8. Said construction work shall be completed on or
before December 1, 1968.
9. Complete application of the water to the proposed use
shall be made on or before December 1, 1970.
10. Permittee shall bypass the following quantities of
water into the natural stream bed of the Upper Truckee River at
all times pursuant to permits issued on Applications 18031, 18038,
and 18039:
(a) During the months of April, May, and June, 75 cubic
feet per second or the total flow of the stream, whichever is less.
(b) During July, a flow decreasing gradually from 75
cubic feet per second or the total flow of the stream, whichever
is less, to 15 cubic feet per second or the total flow of the stream,
whichever is less. The reduction caused by the permittee shall not
be greater than 5 cubic feet per second in any one day.
(c) During the remainder of the year, 15 cubic feet
per second or the total flow, whichever is less.
11. In accordance with Water Code Section 1393, permittee
shall clear the sites of the proposed reservoirs under Applications
18038 and 18039 of all structures, trees, and vegetation which would
interfere with the use of the reservoirs for water storage and
recreational purposes.
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12. Separate applications for the approval of plans .
and specifications for construction of the dams shall be filed with,
and approved by, the Department of Water Resources prior to com-
mencement of construction of the dams described under approved water
right Applications 18038 and 18039.
ORDER
IT IS HEREBY ORDERED that:
1. The amount of water appropriated under Application
18248 .of John A. Fulton for municipal purposes shall be limited to
the amount which can be beneficially used and shall not exceed
0.74 cubic foot per second to be diverted from January 1 to
December 31 of each year and shall not exceed a total diversion
of 280 acre-feet in any year.
2. Actual construction work shall begin on or before
July 1, 1962, and shall thereafter be prosecuted with reasonable
diligence, and if not so commenced and prosecuted, this permit may
be revoked.
3. Said construction work shall be completed on or
before December 1, 1968.
4. Complete application of the water to the proposed
use shall be made on or before December 1, 1970.
ORDER
IT IS HEREBY ORDERED that:
1. The amount of water appropriated under Application •
18283 of Tahoe Tavern Heights Water Company for domestic purposes
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shall be limited to the amount which can be beneficially used and
shall not exceed 0.4 cubic foot per second to be diverted from
January 1 to December 31 of each year and shall not exceed a total
diversion of 135 acre-feet in any year.
2. Actual construction work shall begin on or before
July.1, 1962, and shall thereafter be prosecuted with reasonable
diligence*, and if not. so. commenced and. prosecuted, this permit may'
be revoked. .
3.. . Said Constr.uction work shall be. completed on or before
December 1,'1968..
4, Complete application .of the water to the proposed
use shall. be made on or before December 1, 1970.
:Adopted as. the decision and orders of the State Water.
Rights Board at a meeting duly called and'held at
California, on the day of ,. 1962.
$ent Silverthorne, Chairman
Ralph J. McGill, Member
W. A'. Alexander, Member