1667•
STATE OF CALIFORNIA—THE RESOURCES, AGENCY
EDMUND G. BROWN JR., Governor
STATE WATER RESOURCES CONTROL BOARD-
P.
OARD
P. O. BOX 100 • SACRAMENTO 95801
(916) 445-0$46
NOTICE TO WATER USERS IN THE
.LAKE TAHOE AND TRUCKEE RIVER BASINS
/Mg
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 balancing of competing interests in a water
supply with respect to which a reserved 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 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 Company (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 Company, Inc.
13531 18283
14334 19111 Tahoe City Public Utility District
14938 18934 Helen T. Alrich
14336 19819 Agate Bay Water Company
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 208940
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 Company et al (construction only)
15906 22823 County of Placer (construction only)
STATE OF CALIFORNIA—THE RESOURCES
EDMUND G. BROWN JR., Governor
STATE WATER RESOURCES CONTROL BOARD
DIVISION OF WATER RIGHTS
MONTHLY NOTICE OF PETITIONS RECEIVED
FIRST MONTHLY LIST
2125 — 19TH STREET
SACRAMENTO. CALIFORNIA 95818
PHONE (916)445-2055
PETITIONS WERE RECEIVED FOR THE PROJECTS AS NOTED BELOW. 'ANY PERSON DESIRING
TO PROTEST THE GRANTING OF SUCH A PETITION SHALL WITHIN 30 DAYS OF THE DATE OF THIS
NOTICE FILE A•WRITTEN PROTEST WITH TIIE 8OARD ON ITS FORMS AT THE ABOVE. ADDRESS. A
COPY OF THE PROTEST SHALL DE SENT TO THE PETITIONER BY THE PROTESTANT. ANY PROTEST
AGAINST AN EXTENSION OF TIME SUBMITTED ON THE BASIS OF PUBLIC INTEREST OR JUNIOR
VESTED RIGHTS MUST DE ACCOMPANIED BY A STATEMENT or FACTS RELATING HOW THE PETI—
TIONERIS LACK OF DILIGENCE HAS BEEN INJURIOUS TO THE PROTESTANT.
N -PETITIONS RECEIVED
APPLICATION 231 • 01-13-16 ATASCADERO MUTUAL WATER COMPANY,
P 0 BOX 790, ATASCADERO, CALIF 93422
WATER TO BE DIVERTED FROM SALINAS RIVER
TRIBUTARY TO PACIFIC OCEAN
IN SE1/4 OF SE1/4 SECTION.31 T28S R13C MUB&A1 (SAN LUIS OBISPO COUNTY)
WATER TO Dc. DIVERTED FROM SALINAS RIVER
TRIBUTARY TO PACIFIC OCEAN
IN NE1/4 OF SE1/4 SECTION 10 T28S 812E IIC)B&At (SAN LUIS OBISPO COUNTY)
WATER TO DE DIVERTED FROM SALINAS RIVER
TRIBUTARY 10 PACIFIC OCEAN
IN NW1/4 Or sw1/4 SECTION 3 128s R12E I•IDB&14 (SAN LUIS OBISPO COUNTY)
WATER TO BE DIVERTED FROM SALINAS RIVER
TRIBUTARY TO FACIFIC OCEAN
IN NE1/4 OF SE1 4 SECTION 14 T28S R12E MDB&M (SAN LUIS OBISPO COUNTY)
AMOUNT 7 CU FT/SEC FOR IRRIGATION, DOMESTIC & MUNICIPAL PURPOSES
SEASON JANUARY 1 TO DECEMBER 31
PERMIT 261 23,000 ACRES
APPLICATION 5193 09-08-26 NEVADA IRRIGATION DISTRICT,
P 0 BOX 1019, GRASS VALLEY, CALIF 95945
WATER TO BE DIVERTED FROM MIDDLE YUDA RIVER
TRIBUTARY TO YUBA RIVER THENCE FEATHER RIVER
IN SWl/4 OF SE1/4 SECTION 18 T19N R13E FiDU&1't (NEVADA COUNTY)
WATER TO BE DIVERTED FROM RIDDLE YUBA RIVER
TRIBUTARY TO YUBA RIVER THENCE FEATHER RIVER
IN SW1/4 OF SW1/4 SECTION 12 T19N 02E MOL'&ti (NEVADA COUNTY).
AMOUNT 50,000 AC-FT/ANI! FOR IRRIGATION, DOMESTIC & RECREATIONAL PURPOSES
SEASON OCTOBER 1 TO DECEMBER 1 AND JANUARY 1 TO JUNE 30
PERMIT 13770 167,789 ACRES
IF # 1F. * *
APPLICATION 56486 07-30-27 JACKSON VALLEY IRRIGATION DIST
ROUTE 1, BOX 235, IONE, CALIF 95640
WATER TO DE DIVERTED FROM MOKELUMNE RIVER
TRIBUTARY TO SAN JOAQUIN RIVER
IN sEl/4 or NW1/4 SECTION 15 T5N R1OE MD0&M (AMADOR COUNTY)
AMOUNT 50 Cu FT/SEC FOR IRRIGATION DOMESTIC & STOCKWATERING PURPOSES
SEASON MARCH 1 TO NOVEMBER 1 (IRRIGATION) JANUARY 1 TO DECEMBER 31 (OTHER PURPOSES)
PERMIT 12167 8000 ACRES
* •*- * * *
APPLICATION 18030 03-06-53 'TAHOE PARADISE WATER & GAS COMPANY,
P 0 COX 11117, TAHOE PARADISE, CALIF 95+/05
WATER TO BE DIVERTED FROM UNNAMED STREAM
TRIBUTARY TO UPPER TRUCKEE RIVER THENCE LAKE TAHOE THENCE TRUCKEE RIVER
IN NW1/4 OF 5E1/4 SECTION 30 T12N R18E MO3e°A1 (IL DORADO COUNTY)
AMOUNT 3 CU FT/SEC. FOR DOMESTIC PURPOSES
SEASON JANUARY 1 TO DECEMBER 31
PERMIT 13527
LICENSE
PETITION TO (1) CHANGE THE PLACE OF USE. TO INCLUDE SERVICE AREAS OF TAHOE PARADISE
WATER AND GAS COMPANY, ANGORA WATER COMPANY, GARDNER MOUNTAIN WATER COMPANY, AND
TAHOE KEYES WATER COMPANY, AND (2) CHANGE THE POINT OF DIVERSION TO A POINT AT LAKE
TAHOE'IN SECTION 5, T12N, R18E, MOD&M.
ose
* * * * *
APPLICATION 18031 03-06.58 TAHOE PARADISE WATER & GAS COMPANY,
P 0 ow( 11117, TAIIOE PARADISE, CALIF 95705
WATER TO DE DIVERTED FROM UPPER TRUCKEE RIVER
TRIBUTARY TO LAKE TAHOE THENCE TRUCKEE RIVER
IU NE1/4 OF NE14 SECTION 31 T12N R18E MDD&M (EL DORADO COUNTY)
AMOUNT 3 CU FT SEC FOR DOMESTIC PURPOSES
SEASON JANUARY 1 TO DECEMBER 31
PERMIT 13528
LICENSE
PETITION TO (1) CHANGE THE PLACE OF USE TO INCLUDE SERVICE AREAS OF TAHOE PARADISE
WATER AND GAS COMPANY, ANGORA WATER COMPANY, GARDNER MOUNTAIN WATER COMPANY, AND
TAHOE KEYES WATER COMPANY, AND (2) CHANGE THE POINT OF DIVERSION TO A POINT AT LAKE
TAHOE IN SECTION 5, T12N, R18E, MDD&M.
* * * * *
APPLICATION 18038 03-13-58 TAHOE PARADISE WATER & GAS COMPANY,
P 0 BOX 11117, TAHOE PARADISE, CALIF 95705
WATER TO BE DIVERTED FROM UPPER TRUCKEE RIVER
TRIBUTARY TO LAKE TAHOE THENCE TRUCKEE RIVER
IN NW1/4 OF SW1 4 SECTION 8 T11N R18E MDOPdd (EL DORADO COUNTY)
AMOUNT 3 CU FT SEC 200 AC-FT/ANN FOR DOMESTIC PURPOSES
SEASON JANUARY 1 TO DECEMBER 31
PERMIT 13529
LICENSE
PETITION TO (1) CHANGE THE PLACE OF USE TO INCLUDE SERVICE AREAS OF TAIIOE PARADISE
WATER AND GAS COMPANY, ANGORA WATER COMPANY, GARDNER MOUNTAIN WATER COMPANY, AND
TAHOE ;(EYES W TE_R COMPANY, AND (2) CHANGE THE POINT OF DIVERSION TO A POINT AT LAKE
TAHOE IN SECTICt! 5, T12N, R18E, MDOP&M.
APPLICATION 18039 03-13-58 TAHOE PARADISE WATER & GAS COMPANY,
P 0 BOX 11117 TAHOE PARADISE, CALIF 95705
WATER TO DE DIVERTED FROM UPPER TRUCKEE RIVER
TRIBUTARY TO LAKE TAHOE THENCE TRUCKEE RIVER
IN NI•11/4 OF swl 4 SECTION 5 r11t1 R18E MUDPd1 (EL DORADO COUNTY)
AMOUNT 3 CU FT /EC 200 AC-FT/ANN FOR DOMESTIC PURPOSES
SEASOtI JANUARY 1 TO DECEMBER 31
PERMIT 13530
LICENSE
PETITION TO (1) CHANGE THE PLACE OF USE TO INCLUDE SERVICE AREAS OF TAIIOE PARADISE
WATER A;10 GAS COMPANY, ANGORA WATER COMPANY, GARDNER MOUNTA I'ri WATER COMPANY, AND
TAHOE KEYES WATER COMPANY, AND (2) CHANCE THE POINT OF DIVERSION TO A POINT AT LAKE
TAHOE IN SECTION 5, T12N, R18E, MUDpM.
-46-
FEF32(3 1916