0221E
To:
•
STATE OF CALIFORNIA
Inter -Departmental Communication
Mr. L. K. Hill, Executive Officer
State Water Rights Board
Post Office Box'1492
Sacramento 7, California
L
From: Department of Fish and Game
31283 2-56 5M ® SPO
Date: September 4, 1958
File No.
Subject: Water Applications
18.021,, 18a3.O, ' 18031, 18038, and
18„1 Upper Truckee River,
El Dorado County
We are returning herewith your form 167, Stipulation Under
Article 14, Section 737 California Administrative Code, transmitted
to us in connection with subject applications with your letter of
August 28, 1958.
Because of special problems involving the storage of water
in lakes at the headwaters of the Upper Truckee River by the Department
for maintenance of stream flows, we do not believe that a field hear-
ing on these applications will be satisfactory under the circumstances.
It may be possible for this Department to come to agreement
with the applicant concerning the conditions necessary for protection
of the fisheries resources in the streams involved in subject applica-
tions, but it would be impossible for us to formulate such conditions
and arrive at an agreement with the applicant prior to a field hearing.
If we should fail to reach agreement with the applicant, we
consider the streams and the problems involved in these applications
of sufficient importance to warrant a formal hearing before the Water
Rights Board.
cc: Meyers Water Company, applicant
Seth Gordon
Director
j11110
'A
110
STATE OF CALIFORNIA
ftttr
Department of Fish and Game
722 Capitol Avenue
Sacramento, California
Gentlemen:
I1I1
atrr Eights ignarh
1401 216T STREET
P. 0. SOX 1592
SACRAMENTO 7. CALIFORNIA
August 28, 1958
Applications 18021, 18030, 18031
18038, 18039
AUG 2 9 1958
Before further consideration can be given to the above -numbered applica-
tions, it appears that either a hearing or proceedings in lieu of hearing will be
necessary. Sections 730 through 736 of the enclosed leaflet entitled "Rules and
Regulations Pertaining to Protests and Hearings", contain pertinent details as to
the hearing procedure. Section 737 of the leaflet outlines briefly the proceed-
ings-in
roceed-
ingsin lieu of hearing.
A hearing involves the introduction of oral and written testimony and a
record of the proceedings by a court reporter. The charges of the court reporter
and costs of preparing a transcript for the Board+s record must be paid by the
parties involved. Final decision by the Board is limited to consideration of the
matters covered in the transcript, which also may include other material by refer-
ence.
The proceedings in lieu of hearing normally include an announced visit
by an engineer of this office who views the local situation, interviews the parties
or their representatives in attendance, conducts such field investigation as cir-
cumstances warrant and submits a written report for a permanent record of the Board.
Final decision by the Board is based upon the report, together with such written
representations, records and other documents as the parties may submit, and any
other relevant information available.
If you prefer the proceedings in lieu of hearing, please sign and return
to this office without delay the enclosed stipulations. If, however, a hearing is
desired, please so advise us. The Board requires that protested applications be
heard as promptly as practicable in the light of all the circumstances. Requests
for inordinate delay in setting them for hearing, or in conducting stipulated pro-
ceedings in lieu of hearing, will be denied.
Enc.
49a pl.
Very truly yours,
L. K.'Hill
Executive Officer
STATE OF CWORNIA—STATE WATER RIGHT4rOARD
1401 218T STREET
P. O. BOX 1592
SACRAMENTO 7
In the Matter of Applications 18024_18030, 18031,
18038, 18039
Stipulation Under Article 14, Section 737
California Administrative Code
Title 23. Waters
Subject to approval by the State Water Rights Board, the parties, applicant and protestant, do
hereby stipulate as follows:
1. The matter of Application and of the protests thereto shall be submitted for
decision by the State Water Rights Board upon (1) the official records of the Board, including but
not limited to reports which may be made by the Board on investigations, field or otherwise, and
(2) research and studies by the Board relating to the issues involved, together with such relevant
written representations, records, and documents as the undersigned parties and other interested per-
sons may submit.
2. In the event the Board shall make a field investigation or investigations, it is understood that
notice of the time and place thereof shall be given to the undersigned parties and other interested
persons known to the Board, who may attend the same and who may offer information pertinent to
any such investigation within such time as the Board in its discretion may prescribe.
3. This stipulation is made under the provisions of Article 14, Section 737, California Administra-
tive Code, Title 23. Waters; and each and all of the provisions of said section are hereby agreed to and
accepted by each and all of the undersigned parties. It is the intention of the undersigned parties that
the right to seek judicial review of the proceedings and decision of the Board, and the general scope
of such review shall not be restricted or otherwise affected by this stipulation.
Dated:
Signature
The foregoing stipulation is hereby approved at Sacramento, California, this day
of 195 .
FORM 167
STATE WATER RIGHTS BOARD
By
79902 7-56 .M 0 BPO