0403In th
135
Issue
180
STATE OF CALIFORNIA
STATE WATER R?SOURCES CONTROL BOARD
e Matter of Permi
28, 13529, 13530
d on Applications
31 18038, 18039
)
is 13526, 13527,)
and 14335 )
18021, 18030, )
and 19629 )
TAHOE PARADISE WATER AND
)
GAS COMPANY )
Permittee
AFFIDAVIT OF MAILING
• STATE OF CALIFORNIA )
ss
COUNTY OF SACRAMENTO)
John B. Justeson
, being first duly
sworn, deposes and says:
That affiant is a citizen of the United States, over the age of 18
years, employed in the County of Sacramento, and not a party to the above -entitled
proceedings; that affiant's business address is 1416 Ninth Street, Sacramento,
California.
That on the 17 day of May , 1973 , affiant served
the attached NOTICE OF HEARING on each of
the persons and 'parties hereinafter listed whose names are preceded by an aster-
isk (*) by placing true copies thereof in separate envelopes, one of which was
addressed to each of said persons and parties at the address set forth immedi-
ately following each name, with "Certified Mail" marked on each envelope and by
sealing and depositing said envelopes with postage thereon fully prepaid, in the
United States Post Office at Sacramento, with instructions to forward by certified
mail the envelopes so marked with demand for a return receipt therefor.
That there is delivery service, by the United States mail at the places
so addressed or regular communication by mail between the place of mailing and
the place so addressed.
WRCB 28A (5/72)
HEARING NOTICES MAILING LIST18038, and` 19629
Apps. 18021, 18030, 18031, 18039
MR. FRED W. KLINE
CAPITOL NEWS SERVICE
Roots 400
STATE CAPITOL
MR. DEVAN SHUMWAY
UNITED PRESS
Roots 217
STATE CAPITOL
' MR. JOHN EAGAN, NEWS EDITOR
ASSOCIATED PRESS
Roots 218
STATE CAPITOL
MR. JOSEPH BROOKS
COPLEY NEWS SERVICE
Room 224
STATE CAPITOL
MR. WILSON K. LYTHGOE
Room 221
STATE CAPITOL
MISS ALICE BOOK
6600'STOCKTON BOULEVARD, #14.
SACRAMENTO, CA 95823
MR. JOHN B.`CLAUSEN, COUNTY COUNSEL
CONTRA COSTA COUNTY
P. O. Box 69
MARTINEZ, CA 94553
MR. CRESSEY H. NAKAGAWA
HEARST BUILDING, SUITE 1200
THIRD AND MARKET STREETS
SAN FRANCISCO, CA 94103
CALIFORNIA FARM BUREAU FEDERATION
WILLIAM I. Du Bois, DIRECTOR OF
NATURAL RESOURCES
11TH AND L BUILDING, ROOM 531
SACRAMENTO, CA 95814
MR. JACOB H. MILLER, CHAIRMAN
WATER RESOURCES COMMITTEE
SIERRA CLUB
3145 DAVID AVENUE
PALO ALTO, CA 94303
CONSERVATION DEPARTMENT
SIERRA CLUB
MILLS TOWER, Room 1050
220 BUSH STREET
SAN FRANCISCO, CA 94104
BAY VALLEY. CONSULTANTS
P. 0. Box 3965
SAN FRANCISCO, CA 94119
DEPARTMENT OF WATER RESOURCES
ROOM 338, RESOURCES BUILDING
(4 COPES)
U. S. BUREAU OF RECLAMATION
WATER RIGHTS ENGINEERING BRANCH 2-770
2800 COTTAGE WAY
SACRAMENTO, CA 95825
SWRCB 28A (1/73)
(2 COPIES)
DR. GEORGE R. GRANTHAM
PROJECT MANAGER
OFFICE OF TECHNICAL COORDINATION
Roots 1015, RESOURCES BUILDING
LEGISLATORS
Hon. Clare L. Berryhill
Senator, Third District
State Capitol
Sacramento
Hon. Eugene A. Chappie
Assemblyman, Sixth District
State Capitol
Sacramento
Ms. Jan Chubb
Deputy Attorney General
Office of the .Attorney General
217 W. First Street, Room 600
Los Angeles, CA 90012
ahoe Paradise Water & Gas Company
P. 0. Box 11117
Tahoe Paradise, CA 95705
*Angora Water Company
P. O. Box 9026
euth Lake Tahoe, CA 95705
*Tahoe Keys Water Company'
c/o Tahoe Keys -Dillingham Corp.
Tahoe Keys Boulevard
. South Lake Tahoe, CA 95705
KATt
NotaryPubli
't
�Y11 A. t-HOLLE Y
, Sacramento County, Cali
KATHRYN A. HOL `E''.
•
; SACRA
! :y W NOTARY FiJBL C r
a
- „Hary nPGfA
a • My Commission E�
�.P res .. 14, 1977
eveae`a`_
_.,ve va>,®o°aOf°
STATE OF CALIFORNIA
STATE WATER RESOURCES CONTROL BOARD
Room 1015, Resources Building
1416 Ninth Street
Sacramento, California 95814
In the Matter -of Permits 13526, 13527, )
13528, 13529, 13530 and 14335 ) NOTICE OF HEARING
Issued on Applications 18021, 18030, )
18031, 18038; 18039 and 19629 ) Source: Upper Truckee .River
and Tributaries
TAHOE PARADISE WATER AND GAS COMPANY )
County: El Dorado
Permittee )
NOTICE IS HEREBY GIVEN that a hearing will be held on Monday,
June 18, 1973, at 10:00 a.m. in Room 1131 of the Resources
Building, 1416 Ninth Street, Sacramento, California.
The time allowed.to complete construction work and,to complete
application of the water t� the proposed use pursuant to Permits
13526, 13527, 13528, 13529, 13530 and 14335 has expired. Permittee
has requested extensions of time. Permittee has also filed peti-
tions requesting changes in point of diversion and place of use.
The hearing will be held to determine whether (1) extensions of
time should be granted and the requested changes in point of diver-
sion and place of use approved, (2) a license should be issued
for the amount of water placed to beneficial use under the terms
of Permit 13526, or (3) the permits should be revoked in accordance
with Water Code Section 1410, which provides that the Board shall
revoke permits after hearing, if the project is not completed as
contemplated in the permits. Permittee should be prepared to show
(1) quantity, purpose and season to which water.has been placed to
beneficial use, (2) what progress has been made toward completion
of the projects, (3) the reason they have not been completed, and
(4) the reasons for the proposed changes in point of diversion
and place of use.
Special attention is directed to the enclosed copy of information
concerning appearance at water right hearings. A copy of the
staff summary for the hearing is also enclosed.
K. L. Woodward, Chief
Division of Water Rights
Enclosures
May 17, 1973
RECYCLED PAPER
STATE QF CALIFORNIA—THE RESOURCES AGE
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
ROOM 1015, RESOURCES BUILDING
1416 NINTH STREET • SACRAMENTO 95814
RONALD REEAGAN, Governor
INFORMATION CONCERNING.APPEARANCE AT WATER RIGHT HEARINGS
The regulations of the State Water Resources Control Board
were recently amended with regard to exhibits and qualifi-
cations of expert witnesses. The Board has directed that
the provisions of these regulations be rigorously applied.
•
Not later than ten days prior to a hearing, those intending
to participate shall submit to the Board in writing the
name of each witness who will appear, together with a state-
ment of the qualifications of each expert witness, the sub-
ject of the proposed testimony, and the estimated time
required by the witness to present his direct testimony.
Copies of proposed exhibits shall be supplied to adverse
;parties and:seven copies shall be supplied to the Board
not later than ten days prior to the hearing.
The exhibits of an applicant, permittee, or licensee shall'
include any environmental impact statement concerning the
proposed project.
Failure to submit such exhibits and information before the
ten-day deadline may be interpreted by the Board as intent
not to appear and may result in cancellation of the hearing
and such further action as the Board may consider appropriate
under .the circumstances.
RECYCLED PAPER
STATE OF CALIFORNIA
STATE WATER. RESOURCES CONTROL BOARD
STAFF SUMMARY FOR HEARING
PERMITS 13526, 13527, 13528, 13529, 13530, AND 14335
(APPLICATIONS.18021 18030, 18031, 18038, 18039,,AND 19629),;
Permittee: Tahoe Paradise Water and Gaa Company
Sources: Unnamed.Creek, Upper Truckee River, and Coyote Creek
County: El Dorado
KPermit 13526
Date application filed: February 28, 1958
A` Date permit issued: April 24, 1962
‘116#1)'
Q l�, Source: Unnamed creek
IUB Tributary to: Saxon Creek
Quantity: 1.0 cubic foot per second*(cfs) and
6.0 acre-feet per annum (afa)
Season: January 1 to December 31
Purpose: Domestic
Point of diversion: NE* of NW;; of Section 33, T12N,
R18E, MDB&M
Places of use: Within Section 30 and portions of
Sections 19, 21, 22, 27, 28, 29, 31, and 32, T12N,
R18E, MDB&M; Sections 5, 6, 7, 8, 17, and 20, T11N,
R18E, MDB&M; and portions of Sections 25 and 36,
T12N, R17E, MDB&M
Number of previous extensions: None
Time to complete use of waterexpired: 'December 1,
°_1970 __ __
Substance of Permits
Permit 13527
Date application filed: March 6, 1958
Date' permit issued: April 24, 1962
Source: Unnamed stream
* The total amount of water appropriated by direct diversion
under Permits 13526, 13527, 13528, 13529, 13530, and 14335
shall not exceed 345 acre-feet in any calendar month. Annual
diversion under; Permits 13526, 13527, 13528, 13529, and 13530
shall not exceed 2,360 acre- feet and under all six permits
shall not exceed 2,760 acre-feet.
RECYCLED PAPER
Permit 13527 (continued)
Tributary to: Upper Truckee River
Quantity: 3cfs* .
Season: January•1 to December 31
Purpose: Domestic
Point of diversion: Within NW* of SE* of Section 30,
T12N, R18E, MDB&M
Places of use: Within Section 30 and portions of
Sections 19, 21, 22, 27, 28, 29, 31, and 32, T12N,
R18E, MDB&M; portions of Sections 5, 6, 7, 8, 17, .
and 20, T11N, R18E, MDB&M; and portions of Sections
25 and 36, T12N, R17E, MDB&M
Number of previous extensions: None
Time to commence construction work expired July 1,
1962
Time time complete construction work expired
December 1, 1968
Time to complete use of water expired December 1, 1970
Permit 13528
Date application filed: March 6, 1958
Date permit issued: April 24, 1962
Source: Upper Truckee River
Tributary to: Lake Tahoe
Quantity: 3 cfs*
Season: January 1 to December 31
Purpose: Domestic
Point of diversion: Within NW* of NE* of Section 31,
T12N, R18E, MDB&M
Places of use: Within Section 30 and portions of
Sections 19, 21, 22, 27, 28, 29, 31, and 32, T12N,
R18E, MDB&M; portions of Sections 5, 6, 7, 8, 17,
and 20, T11N, R18E, MDB&M; and portions of Sections
25 and 36, T12N, R17E, MDB&M
Number. of previous extensions: None
Time to commence construction work expired July`1,
1962
Time.to complete construction work expired
December 1, 1968
Time to complete use or water expired December 1, 1970
* See footnote on page 1
-2 -
RECYCLED PAPER
Permit 13529
Date application filed: March 13, 1958.
Date permit issued: April 24, 1962
Source: Upper Truckee River
Tributary to: Lake Tahoe
Quantity: 3 cfs* and 200 afa
Season: January 1 to December 31
Purpose: Domestic
Point of diversion: Within NW* of SW* of Section 8,
T11N, R18E, MDB&M
Places of use: Within Section 30 and portions of
Sections 19, 21, 22, 27, 28, 29, 31, and 32, T12N,
R18E, MDB&M; portions of Sections 5, 6, 7, 8, 17,
and 20, T11N, R18E, MDB&M; and portions of Sections
25 and 36, T12N, R17E, MDB&M
Number of previous extensions: None
Time to commence construction work expired July 1,
1962
Time to complete construction work expired
December 1, 1968
Time to complete use of water expired December 1, 1970
Permit 13530
Date application filed: March 13, 1958
Date permit issued: April 24, 1962
Source: Upper Truckee River
Tributary to: Lake Tahoe
Quantity: 3 cfs*-and 200 afa
Season: January 1 to December 31
Purpose: Domestic
Point of diversion: Within NW* of SW* of Section 5,
T11N, R18E, MDB&M
Places of use: Within Section 30 and portions of
Sections 19, 21, 22, 27, 28, 29, 31, and 32, T12N,
R18E, MDB&M; portions of Sections 5, 6, 7, 8, 17,
and 20, T11N, R18E, MDB&M; and portions of Sections
25 and 36, T12N, R17E, MDB&M
Number of previous extensions: None
Time to commence construction work expired July 1,
1962
Time to complete construction work expired
December 1, 1968
Time to complete use of water expired December 1, 1970
* See footnote on page 1
-3-
RECYCLED PAPER
Permit 14335
Date application filed: July 28, 1960
Date permit issued: December 19, 1963
Source: Coyote Creek
Tributary to: Upper Truckee River
Quantity: 2.33 cfs* by.direct diversion not to
exceed 143 of in any month
Season: January 1 to December 31 by direct diversion
and October 1 to June 1 by storage
Purpose: Domestic
Point of diversion: NW* of SW* of Section 25, T12N,
R17E, MDB&M •
Places of use: Within Section 30 and portions of
Sections 19, 21, 22, 27, 28, 29, 31, and 32, T12N,
R18E, MDB&M; portions of Sections 5, 6, 7, , 17,
and 20, T11N, R18E, MDB&M; and portions of Sections
25 and 36, T12N, R17E, MDB&M
Number of previous extensions: None
Time to commence construction work expired
December 10 1966
Time to complete construction work expired
December -1, 1969
Time to complete use of water expired December 1, 1970
Summary of Record
On May 18, 1970 the permittee filed petitions to change
the point of diversion and place of use under Permits 13527, 13528,
13529, 13530, and 14335. The requested new point of diversion is
from Lake Tahoe.
Plans would be abandoned to divert from Upper Truckee
River and its tributaries at the various points of diversion now
authorized under these permits. The change in place of use
requested is to "the certificated and proposed service areas of
* See footnote on page 1
RECYCLED PAPER
the following water companies: Tahoe Paradise Water and Gas
Company, Angora Water Company, Gardner Mountain Water Company,
and Tahoe Keys Water Company." The presently authorized place
of use includes most of the certificated and proposed service
area of Tahoe Paradise Water and Gas Company only.
In filing the petitions, the permittee states that a
reason for requesting the change in point of diversion is that
the 14.33 cfs authorized in the permits would not be fully usable
because of minimum streamflow for fishlife required by the permits.
Angora Water Company has filed Application 23502 for
14.33 cfs to be diverted at the petitioned diversion point from
Lake Tahoe to serve the proposed consolidated service area re-
quested in the petitions. According to the permittee, tgis
application would be withdrawn if the requested change and exten-
sions of time are granted.
The permittee has not.requested enlargement of place of
use under Permit 13526. A petition filed August 4, 1971 requests
only correction of place of use to include only "the total water
company area which is now being served."
On August 4, 1971, the permittee filed requests for
extensions of time on all six permits.
A field investigation of the project was conducted on
June 10, 1971. Diversion and use of water has been made under
Permit 13526 to the extent of the capability of the diversion
system, 0.21 cfs. Annual diversion in 1970 was about 124 acre-feet.
-5-
RECYCLED PAPER
Water was served to 575 metered connections and 402 fire hydrants.
Welts are used within the company's service area as an additional
supply. There has been no construction work or use of water
under any of the other five permits.
The other water service agencies whose service areas
are part of therequested enlarged place of use now obtain their
water supplies from wells.
Staff Recommendation
Based on the information now available the staff
recommends that license be issued on Permit 13526 to the extent
beneficial use has been made of the water.
Under the other five permits construction has not com-
menced even though more than ten years have elapsed since '-
permits were issued. The changes requested so substantially
alter the projects from those authorized in the permits as to
preserve little of the projects proposed by the permits as issued
except their priority dates. Therefore, revocation of these
five permits is recommended.
Information for Permittee
The decision of the State Water Resources Control Board
as to the action that shall be taken on the permits must be based
on the intent of the Water Code and the record developed at the
hearing. Particular consideration should be given to the following:
1. Evidence of diligence in proceeding with the con-
struction work necessary to use water under these permits.
-6-
RECYCLED PAPER
2. Extent to which use of water has been made under
the permits.
3. Whether or not the proposed .changed in place of use
and point of diversion would result in injury to other lawful
users of water.
4. Intent and ability of permittee to proceed with due
diligence to complete any needed works and to place the water to
beneficial use should the requested extensions of time and peti-
tions to change point of diversion and place of use be approved.
5. The time which permittee considers necessary to
complete construction work and apply the water to beneficial use.
6. Amendments to the permits which should be made,
including diversion rates and annual diversion limitations, should
extensions of time and changes in point of diversion and place of
use be approved (including extent to which existing diversion
rate and quantity limitations would affect the proposed changes):
Documents to be Offered into Evidence
The following public documents on file with the State
Water Resources Control Board contain information which may be
relevant to the matters to be heard and may be offered into evi-
dence at the hearing by reference:
1. Files of Applications 18021, 18030, 18031, 18038,
18039, 19629; and 23502.
-7-
RECYCLED PAPER
2. Water Quality Control Plan (Interim) North Lahontan
Basin 6A, State Water Resources Control Board, June 1971.
Dated: March 26, 1973
Sacramento, California
-8-
RECYCLED PAPER