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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. • 1 ,r,....„..., iirr�� ..d ,.'. 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)