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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