2496STATE OF CALIFORNIA—THE RESOURCES AGENCY
•
EDMUND G. BROWN JR., Governor
STATE WATER RESOURCES CONTROL BOARD
P. O. BOX 100 • SACRAMENTO 95801
( 916) 445-0846
NOTICE TO WATER USERS IN THE
.LAKE TAHOE AND TRUCKEE RIVER BASINS
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 existingbeneficial use of water which
interfered with the sufficiency othe water supply at Devil's
Hole. The existing beneficial use of water which was curtailed
consisted of use from a roundwater supply interconnected with the
underground pool at Devi s o e. The Supreme Court's decision in
Cappaert also held that balancin of competing interests in a water
supply with respect to wiic 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.
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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 set 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 Permittee
679 1379
13525 17139 North Tahoe Public Utility District
15582 17149
15581 17235
6642 11183
12497 19072 Beryl S. Smith
7756 11449 Lake Tahoe Gold Mining Canpany (construction only)
10067 11993 South Tahoe Public Utility District
9232 14921
12049 18414 Lake Forest Water Company
13527 18030
13528 18031
13529 18038
13530 18039
Tahoe Paradise Water and Gas Company
14330 18248 Fulton Water Canpany, Inc.
13531 18283
14334 19111 Tahoe City Public Utility District
14938 18934 Helen T. Alrich
14336 19819 Agate Bay Water Canpany
14675 19965 -Tahoe Paradise Resort
14718 20487 Earl B. Marr
15296 22173 Earl B. and Ethel B. Marr
15241 22640 Lakeside Park Association
15771 22651 U. S. Tahoe Basin Management Unit (construction only)
13815 20443
15695 22573 Truckee Donner Public Utility District
14160 20894
14161 20895 U. S. Tahoe National Forest
15414 22266 Mt. Lola Development Company
(over)
Permit Application Permittee
14912 22026 Alan E. Bartholemy et al
15905 22822 Trimont Water Conpany et al (construction only)
15906 22823 County of Placer (construction only)