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0330STATE OF CALIFORNIA—THE RESOURCES AGENCY EDMUND G. BROWN JR., Governor STATE WATER RESOURCES CONTROL BOARD P. O. BOX 100 • SACRAMENTO 95801 1916) 445-0846 NOTICE TO WATER USERS IN THE .LAKE TAHOE AND TRUCKEE RIVER BASINS hc'0.2P/ This is to inform you that the recent decision of the United States Supreme. Court in U. S. v. Cappaert raises substantial questions as to the long-term water supply to the Lake Tahoe and Truckee. Basins. In U. S. v. Cappaert, the United States Supreme Court reaffirmed the principle that creation of a federal reservation (Devil's Hole, a detached component of Death Valley National Monument) reserves sufficient water to serve the purposes of the reservation as of the time of the creation of such reservation. The effect of the Court's holding was to approve a federal district court order curtailing an existing beneficial use of water which interfered with the sufficiency of the water supply at Devil's Hole. The existing beneficial use of water which was curtailed consisted of use from aroundwater supply interconnected with the underground pool at Devil's Hole. The Supreme Court's decision in Cappaert also held that balancin of competing interests in a water supply with respect to w is a reserve right is asserted is not a test in determining the extent of the federal right. 'As indicated in a notice .from the State Board dated March 24, 1975, the claims of the federal government, based on the principle reaffirmed in the Cappaert decision, on behalf of the Paiute Indians to waters in the Lake Tahoe and Truckee Basins could reduce or eliminate uses of water based both upon state -issued water right entitlements and upon other claims of right, such as the right of overlying owners to extract groundwater, in those basins. The State Water Resources Control Board has previously suspended the issuance of new water right permits for these Basins. Additionally, the time within which to complete use of water has expired on the permits shown on the attached sheet. In view of the uncertainty as to water supply and substantial questions as to public interest in increased use of water in the Lake Tahoe and Truckee Basins, the State Board will either (1) license the uses under these existing permits based on the amount of water which has been applied to beneficial use, or (2) if petitions for extension of time are filed, hold hearings on the petitions. At hearings held on petitions for extension of time, the State Board will consider the public interest in increased use of water in the Lake Tahoe and Truckee Basins. In determining the public interest, the State Board will consider evidence on the uses proposed to be made of an increase in water supply. The State. Board will also consider evidence of the environmental impact of such proposed uses. A detailed description of the issues to be considered will be forth in the staff summary which will. accompany the hearing notices. The State Board cautions holders of water right permits under which the time to complete use of water has expired and an extension of time has not been obtained against increasing the use of water, or making commitments (such as issuance. of will—serve letters) which will result. in increasing the use of water, after the date for completing use of water specified in such permits. Dated' JUL 1 5 1976 Attachment STATE WATER RESOURCES CONTROL BOARD • Bill B. Dendy Executive Officer CALIFORNIA WATER RIGHT PERMITS IN NEED OF EXTENSIONS OF TIME LAKE TAHOE AND TRUCKEE RIVER BASINS Permit Application 679 13525 15582 15581 6642 12497 7756 10067 9232 12049 13527 13528 13529 13530 14330 13531 14334 14938 14336 14675 14718 15296 15241 15771 13815 15695 14160 14161 1379 17139 17149 17235 11183 19072 11449 11993 14921 18414 18030 18031 18038 18039 18248 18283 19111 18934 19819 19965 20487 22173 22640 22651 20443 22573 20894 20895 15414' 22266 Permittee North Tahoe Public Utility District Beryl S. Smith Lake Tahoe Gold Mining Company (construction only) South Tahoe Public Utility District Lake Forest Water Company Tahoe Paradise Water and Gas Company Fulton Water Company, Inc. Tahoe City Public Utility District Helen T. Alrich Agate Bay Water Company Tahoe Paradise Resort Farl B. Marr Earl B. and Ethel B. Marr Lakeside Park Association U. S. Tahoe Basin Management Unit (construction only) Truckee Donner Public Utility District U. S. Tahoe National Forest Mt. Lola Development Company (over) Permit Application Permittee .4 14912 22026 Alan E. Barthelemy et al, 15905 22822 Triment Water Company et al (construction only). 15906 22823 County of Placer (construction only)