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0157TO: Files DATE: December 1, 1960 FROM: R. R. Forsberg SUBJECT: • f 1b0/A Hearing of Applications 17139, etc., Lake Tahoe Basin On November 29 and 30 and December 1, 1960, the hearing of Applications 17139, 17149, 17235, 17727, 17761, 18021, 18030, 18031, 18038, 18039, 18248 and 18283 was continued, the first day of hearing having been held September 13, 1960. The hearing was held in Sacramento under the direction of Mr. Silverthorne, with the assistance of Messrs, Gulick and Forsberg. Board Members Rowe and 1VcGill participated in the November 29 session of the hearing. Those parties making appearances at the hearing are the same as those during the September 13 session, with the exception of Tahoe Tavern Heights Water Company, represented by attorney Martin McDonough, Subsequent to the first day of hearing a request for cancellation of Application 17761 was received from Rosa LaPorte, Harvey E. and Selma C. Blackwell. Attorney William H. Orrick, Jr., representing the protes- tants located in the State of Nevada, stipulated that no presenta- tion would be made on behalf of the Nevada protestants until the results of a February meeting of the Joint California -Nevada Inter- state Compact Commission are known. It is anticipated that an acceptable agreement for allocation of water in the Lake Tahoe Basin will be approved at that time which would satisfy the Nevada protes- tants. Should the agreement not be effected, it is the desire of the Nevada protestants that an opportunity be given them to present evidence in support of their contention what n,., unappropriated water is available in the Lake Tahoe Basin. With the unders eanc.1.ng that Files December 1, 1960 Page Two such an opportunity would be afforded them, the Nevada protestants withdrew from any active participation in the hearing at this time. Prior to withdrawing, the Sierra Pacific Power Company indicated that after further consideration it had decided to withdraw its protest against Application 17727 of Alseno and Louise Oppio Fenech. Testimony and evidence was presented on behalf of all of the remaining applicants and protestant California Department of Fish and Game. The evidence presented by the applicants was directed toward showing the need for the water applied for, what the rate of development of water use will be and what the quantity of water used will amount to on an annual acre-foot basis in 5 -year intervals until ultimate use is reached. The Department of Fish and Game presented testimony and evidence showing the importance of the Upper Truckee River as a fishery and spawning area for trout and Kokanee salmon. The hearing was concluded with the understanding that written briefs would be exchanged between competing applicants, Oakwood Investment Company and North Tahoe Public Utility District. The time limit placed upon the exchange was 10 days after receipt of transcript for the opening brief of Oakwood Investment Company, followed by a 10 -day period for a reply brief from North Tahoe Public Utility,District. Further sessions of the hearing will be scheduled after it is determined what the date of hearing will be of the Joint California -Nevada Interstate Compact Commission. R. Forsber;=' RRF: fo Assistant Hya lic Engineer