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1431. Lots one to twenty-nine, inclusive (Lot No. 5 discontinued) r*s • R.AINB State Water lith Floors 11401 - 2lst Sacramento, W TRACT ASSOCIATION Rights.Hearing' Kaiser Bldg. Street California Meyers Post Office Lake Tahoe, California September 5, 1966 Board Attention: Mr L. 14 Hill, Executive Officer Gentlemen: Organized June I, 1940 At the annual meeting of the:Rainbow Tract Association, held. on September, 4, 1960, 1 was elected to represent this Association in filing a protest in connection with removal of water from the upper Truckee River. The Rainbow Tract oce4ies.,28 lots along -the upper Truckee River on Forest Service land. The holders of these lots have made a considerable invest- ment because of thse,attractivene> s of this tract. 'The upper ;Truckee River has always>ibeen one ofthe principal assets, in that it provides great beauty and facilities for fishing and bathing. In addition, many lot holders rely on .welis. placed neat the river, as,a source of water for do- mestic use ,and fire protection. In dry years the' flow of Sater' is extremely small and if any substantial amount is diverted it will materially decrease the beauty of the river and will seriously. reduce the water level in wells placed near the river., This will reduce the, enjoyment of the tract as ;a' sumiaer' home area and,. in due course, will depreciate the investment made by lot holders. Consequently,. on' behalf of the Rainbow`Tract Association, I hereby protest Application'IUumbers.18030 18031, 18038 and 18039, filed by the Meyers ..Water. Company, and,Application Number 18910, filed by Ruth T Shurtleff. 41 I expect to be present at the September 13, 1960 hearing,. Yours very truly, Home address: ,152„ Tuscaloosa Avenue, Atherton, California. Phones DAvenport 2'-23614 E. E. Ames We Observe Good Manners In The Forest . SEP. 0 9 23'AH '6O' STATE WATER RIGHT$ S0AR0 SACRAMENTO • tl Jo to ;ate *11., . o - Lb. iC: f cost**GcAllivitgo,04Lair aft fog SeptembIWO ibntiNire ttlw atter, newt comteOlon Watt ths_eub Eger • • • STATE OF CALIFORNIA - STATE WATER RIGHTS BOARD 1401 - 21st Street P. 0. Box 1592 Sacramento 7, California In the Matter of ) ) Application 17130, by OAKWOOD ) INVESTMENT COMPANY; ) Applications 17149 and 17235, by ) NORTH TAHOE PUBLIC UTILITY DISTRICT;) ) Application 17727, by ALSENO and . ) LOUISE OPPIO FENECH; • ) ) Application 17761, by ROSA LAPORTE, ) HARVEY E . and SELMA C. BLACKWELL; ) Applic/tions 18021, 18030, 18031, ) 18038, and 18039, by MEYERS WATER ) COMPANY; ) Application 18248, by JOHN A FULTON,) DBA FULTON WATER COMPANY; ) Application 18283, by TAHOE TAVERN ) HEIGHTS WATER COMPANY; ) ) And Application 18910, by RUTH E. ) SHURTLEFF; ) Applicants ) TRUCKEE-CARSON IRRIGATION DISTRICT ) et al, ) NOTICE OF HEARING Sources: Lake Tahoe and certain streams tributary thereto Protestants ) Counties: Placer and El Dorado NOTICE IS HEREBY GIVEN that a hearing in the above -entitled matter will be held on Tuesday, September 13, 1960, at 9:30 a.m., in the State Water Rights Board hearing room, 4th Floor, Kaiser Building, 1401 - 21st Street, Sacramento, California. This hearing is for the purpose of affording the applioahtg,, xotestants and other interested parties an opportunity to present relevant oral testimony and written evidence, maps, charts and other meterial which may tend to establish whether or not there is unappro» priated water to supply the applicants and whether said applications should be approved. There is enclosed a copy of the staff summary containing. pertinent factual data, from the Board's file. Particular attention is directed to the section entitled "Scope of the Hearing". The enclosed pamphlet contains information as to the procedure to be followed by the Board in conducting the hearing and allocation of the costs to be borne by the parties appearing. Insofar as is practicable, the parties are to exchange copies of proposed exhibits and submit five copies of each to the Board on or before September 7, 1960. Those desiring to be heard shall give the undersigned at least five days' notice of intended appearance at this hearing. K 7'r L. K. Hill Executive Officer- Encs.. ff icer° FJncs.. August 15, 1960 STATE OF CALIFORNIA STATE WATER RIGHTS BOARD STAFF SUMMARY FOR HEARING OF APPLICATIONS 17139, 17149, 17235, 17727, 17761, 18021, 18030, 18031, 18038, 18039, 18248, 18283 and 18910 Applicants: Oakwood Investment Company Application 17139 North Tahoe Public Utility District Applications 17149 and 17235 Alseno and Louise Oppio Fenech Application 17727 Rosa LaPorte, Harvey E. and Selma C. Blackwell Application 17761 Meyers Water Company Applications 18021, 18030, 18031, 18038, 18039 John A. Fulton, dba Fulton Water Company Application 18248 Tahoe Tavern Heights Water Company Application 18283 Ruth E. Shurtleff Application 18910 Source: Lake Tahoe and tributaries Counties: Placer and El Dorado Purpose of Hearing The thirteen applications named are for permits to appropriate unappropriated water from Lake Tahoe and various streams and rivers tributary thereto. Protests having been received, a hearing is necessary to allow applicants and protestants an opportunity to present evidence to the State Water Rights Board in support of or against approval of the applications. Substance of the Applications Application 17139 - Placer County Applicant: Oakwood Investment Company Date filed: June 18, 1956 Source: Lake Tahoe Tributary to: Truckee River Amount: 2.5 cubic feet per second (cfs) Season: June 1 to September 30 Purpose: Municipal Point of diversion: SES of NE* of Section 13, T16N, R17E, MDB&M# Place of use: Within Sections 12, 13 and 14, T16N, R17E; and Sections 19 and 30, T16N, R18E Application 17149 —Placer County Applicant: North Tahoe Public Utility District Date filed: June 22, 1956 Source: Lake Tahoe Amount: 3 cfs Season: January 1 to December 31 Purpose: Domestic, municipal, recreational and fire protection Point of diversion: SW4 of SA of Section 19, T16N, R18E Place of use.: Within Sections 18, 19 and 30, T16N, R18E; and Sections 11, 12, 13 and 14, T16N, R17E Application 17235 - Placer County Applicant: North Tahoe Public Utility District Date filed: August 13, 1956 Source: Unnamed springs Tributary to: Griff Creek, thence Lake Tahoe Amount: 3 cfs and 5 acre-feet per annum (afa) Season: January 1 to December 31 Purpose: Domestic, recreational and fire protection Point of diversion: SE*, of S[J of Section 31, T17N, R18E Place of use: Within Sections 18, 19 and 30, T16N, R18E; and Sections 11, 12, 13 and 14, T16N, R17E *All references to township, range and meridian are from Mount Diablo Base and Meridian (MDB&H). -2- Application 17727 - Placer County Applicant: Alseno and Louise Oppio Fenech Date filed: July 18, 1957 Source: Unnamed spring Tributary to: Lake Tahoe Amount: 6,500 gallons per day (gpd) Season: January 1 to December 31 Purpose: Domestic, recreational and fire protection Point of diversion: SW* of SiJ of Section 32, T16N, R17E Place of use: Within Sections 31 and 32, T16N, R17E Application 17761 - Placer County Applicant: Rosa La Porte, Harvey E. and Selma C. Blackwell Date filed: August 6, 1957 Source: Three unnamed springs Tributary to: Lake Tahoe Amount: 0.3 cfs Season: January 1 to December 31 Purpose: Domestic, recreational and fire protection Point of diversion: SW of SW* of Section 32, T16N, R17E Place of use: Within the SW* of Section 32, T16N, R17E Application 18021 - El Dorado County Applicant: Meyers Water Company Date filed: February 28, 1958 Source: Unnamed creek Tributary to: Saxon Creek` thence thence Lake Tahoe Amount: 2.5 cfs and 6 afa Season: January 1 to December 31 Purpose: Domestic Point of diversion: Within NE* of T12N, R18E Place of use: Within Sections 19, and 32, T12N, R18E; and Sections R17E Trout Creek NA of Section 33, 20, 28, 29, 30, 31 25 and 36, T12N, Application 18030 - El Dorado County Applicant: Meyers Water Company Date filed: March 6, 1958 Source: Unnamed stream Tributary to: Upper Truckee River thence Lake Tahoe Amount: 3 cfs Season: January 1 to December 31 Purpose: Domestic Point of diversion: SWC of SW4 of Section 30, T12N, R18E Place of use: Same as Application 18021 Application 18031 - El Dorado County Applicant: Meyers Water Company Date filed: March 6, 1958 Source: Upper Truckee River Amount: 3 cfs Season: January 1 to December 31 Purpose: Domestic Point of diversion: NE4 of NE1, of T12N, R18E Place of use:. Same as Application Application 18038 - El Dorado County Applicant: Meyers Water Company Date filed: March 13, 1958 Source: Upper Truckee River ,Amount: 3 cfs and 200 afa Season: January 1 to December 31 Purpose: Domestic Point of diversion: AR�,?,i-, of St^J1k of T11N, R18E Place,of use: Within Sections 19, and 32, T12N, R18E; and Sections R17E; and Sections 5, 6, 7 and 8, Application 18039 - El Dorado County Applicant: Meyers Water Company Date file • March 131958 Source: upper rucd raver Amount: 3 cfs and 200 afa Season: January 1 to December 31 Purpose: Domestic Point of diversion: Mik of SW4 of S T11N, R18E Place of use: Same as Application Section 31, 18030 Section 8, 20, 28, 29, 30, 31 25 and 36, T12N, T11N, R18E ection 18038 5, • • Application 18248 - Placer County Applicant: John A Fulton dba Fulton Water Company Date filed: August 4, 1958 Source: Lake Tahoe Amount: 1 cfs Season: January 1 to December 31 Purpose: Municipal Point of diversion: SZWT+ of NES of Section 28, T16N, R17E Place of use: Within Sections 21 and 28, T16N, R17E Application 18283 - Placer County Applicant: Tahoe Tavern Heights Water Company Date filed: August 25, 1958 Source: Lake Tahoe Amount: 0.9 cfs Season: January 1 to December 31 Purpose: Domestic Point of diversion; Within,NE4 of NE4 of Section 18, T15N, R17E Place of use: Within Sections 7 and 18, T15N, R17E Application 18910 - El Dorado County Applicant: Ruth T. Shurtleff Date filed: August 11, 1959 Source: Upper Truckee River Amount: 300 gpd Season: June 1 to November 1 Purpose: Domestic and fire protection Point of diversion: SWw of SW1 of Section 32, T12N, R18E Place of use: Lot No. 20,Rainbow Tract, within SWW of SWw of Section 32, T12N, R18E Protests Thirty-nine protests have been submitted against the subject applications by five different districts,'corporations and individuals as listed in Table 1. The basis of the rights claimed by the protestants is presented in Table 2. 18283:18910 @ :18038:18039:182 0 761:18021:180 x cfN w N w . % co .ƒ / 8 � A 0 /cd 2 / / to Truckee -Carson Irrigation District >4 d t 0 Ed C A 4 $4 +) 0 & ' k $4 E CD 0 /J z +3 2k g)0 / l 'i / 7 0 $ 2 f4 00 CH CO � ill r-1 �� • PROTESTANTS' CLAIM OF O '2 O• +� 0 4) cct sd cd E • A O -3 CO • c V) A 5 b O +• 3 UO .4.) P4 •rU1 cd 0 O+� N k, U � N Q U z 1 O • S~ •r1 U N 0 +? •r4 ✓ fNi cd +3 «3 • r l u) $-1 U E—� $•+ A >4 >4 +-) •ri 0 .� 3 .,°i r-4 .rl .� c 0 C Q\ R. 0 •r1 H O !•a •ri I i~ OH co N c, •r-1 R. 0. Court Decree -7- Available Records of Stream Flow The United States Geological Survey maintains a stream gaging station on the Truckee River immediately downstream from the outlet of Lake Tahoe. There are also records of the water level of Lake Tahoe at Tahoe, California. Both records are published in theWater Supply Papers of that agency in Part 10, "The Great Basin". Published record of flows of Truckee River at Tahoe are available from July 1895 to February ].896; June 1900 to December 1943; and August 1957 to September 1959. Records of the level of the water in Lake Tahoe are available from April 1900 to date. They are published in the Water Supply Papers for the period April 1900 to September 1943; and October 1957 to September 1959. Records of the other years are in the files of the Truckee -Carson Irrigation District. Other Information Field investigations were made by engineers of the staff of the State Water Rights Board of all proposed projects under these applications. Reports of the investigations were submitted to the Joint California - Nevada Interstate Compact Commission for review and comment. Subsequently the Commission advised the Board that it had no interest in the applications and recommended that the Board proceed with the processing of the applications. The individual projects are related only to the extent that all are within the Truckee River watershed in the Lake Tahoe area, and most of the applications have been protested by the same protestants. It should be noted, however, that the places of use overlap under -Applications 17139, 17149 and 17235; that the applicants under Applications 17727 and 17761 (one spring) utilize water from the same spring; and that the project described under Application 18910 is within the service area specified under the Meyers Water Company's applications. -8- o r • Scope of the Hearing The decision of the State Water Rights Board as to whether or not permits should be issued must be based upon the record developed at the hearing. The applicants and protestants should submit information responsive to the issues raised by the applications and the protests and answers thereto insofar as they relate to matters within the jurisdiction of the Board. Particular consideration will be given to the following items: 1. Existence of unappropriated water available to supply the applicants as to amounts and seasons of occurrence. 2. Anticipated injury, if any, to the protestants and other lawful downstream users should the applications be approved, with specific data substantiating such injuries. 3. What special terms and conditions, if any, should be included in any permits that may be issued pursuant to the subject applications. Documents to be Offered into Evidence The following public documents on file with the State Water Rights Board contain information which may relevant to the matters to be heard and will be offered into evidence by reference at the hearing: 1. The files of Applications 17139, 1711+9, 17235, 17727, 17761, 18021, 18030, 18031, 18038, 18039, 18248, 18283 and 18910. 2. Bulletin No. 10 of the State Water Resources Board, "Placer County Investigation", dated June 1955, with particular reference to Chapter IV --Plans for Water Development (Truckee River Basin). -9- ' • `y • 3. "Joint Report on the Use of Water in the Lake Tahoe Watershed", prepared by the State Engineers of Nevada and California, dated June 1949. 4. The United States Department of the Interior, Geological Survey, Water Supply Papers, Part 10, "The Great Basin". 5. Topographic maps published by the United States Geological Survey covering the area under consideration. June 2, 1960 IRr. K. Hill, Executive Officer State Water Rights Board P. 0. Box 1592 Sacramento, California 1�Fear Mr. Hill: • At the May 20th meeting of the Joint California -Nevada Interstate Compact Commission, your letters of April 8, 1960, and May 18, 1960, to the Commission were presented for consideration. Both of these letters referred to requests whish the Joint Commission had made asking your Board to with- hold *Won oh certain applications to appropriate water in the Lake Tahoe, Truckee, Carson and Walker River watersheds until the Commission had given further consideration to these applications. The Commission has reviewed its previous requests to you and as a result has adopted the following recommendations: 1. The State Water Rights Board proceed in the usual course with its processing of water right applications 15474 and 15475, b6th of which relate to the waters of the walker River Basin. 2. The State water Rights Board proceed in the usual course with its processing of those applications for water rights for domestic, municipal and recreation uses in the Luce Tahoe and Truckee diver 3asir.s on. which the Joint Coauisn had previous ly requested yrnu to delay action. The above modify the recommendations of the Commission forwarded to you under date of February 1, 1960, by exempting applications 15474 and 15475 as well as applications 1713i, 17149, 17235, 17727,17761, 18021, 18030, 18031, 18038 18039, 1824E and 16283 from those which the Commission had requested a 'Tii0orary delay in processing. Mr. L. K. Hill -2- June 2, 146i, If you should have any questions concerning this latest action of the Joint California -Nevada Intpretate Compact Commission, we will be happy to answer them for you. Sincerely yours, • E. A. MUTh, Secretary Joint California -Nevada Interstate Compact Commission By Hobert B. Bond Assistant Secretary • • MEMORANDUM To File January 21, 1960 From L. C. Spencer Subject: CNICC meeting of January 13, 1960 4 �g 0 On Wednesday, January 13, 1960, the undersigned attended the joint meeting of the California -Nevada Interstate Compact Commission at the Holiday Hotel, in Reno. The principal matter of interest to the State Water Rights Board was the dis- position of a number of water right applications, memorandums of which had been forwarded to the Commissions for their con- sideration and recommendation. Mr. Muth advised the Chair that the Nevada Commission had taken the folliwing actions: A. Applications B. Applications C. Applications 17119 and 17766 No interest 15474 and 15475 - Request action be delayed 18222 and 18223 - Request action be withheld indefinitely, 60 days D. Application 18295 E. Applications 18704 and 18705 F. Applications 18021, 18030, 18031, 18038, 18039 G. Application 18248 H. Application 18409 I. Applications 17139, 17149, and 17235 - Request action be with.- held ith-held indefinitely No interest - Request for the - Request for the - Request for the - Request for the action be withheld time being action be withheld time being action be withheld time being action be withheld time being • • Piles .2. January 21, 1960 J. Application 18283 - Request action be with- held for the time being K. Applications 17727 and 17761 - Request action be with- held for the time being L; Application 17415 - Request action be with- held for the time being. Mr. Girard made a motion that the applications on the Carson and Walker systems, upon which the Nevada Commission had recommended action be delayed or withheld, be referred to the Walker River Committee or the Carson River Committee, as appro- priate, for whatever action the committee might recommend. Mr. Girard further moved that this Board be asked to withhold action temporarily on these applications. The motion was seconded and carried without objection. Mr. Muth made a motion that action on the Tahoe and Truckee Basin applications as recommended by the Nevada Commission be affirmed by the joint commission and that this Board be notified of the action. The motion was amended to include that this Board be notified that progress is being made toward final settlement of the allocation of water between the states, and that the final compact may be accepted in approximately four months. This motion also carried. The writer had the understanding that the Joint Com- mission meant to clear Applications 17719, 17766, 18704, and 18705, but was in doubt as to whether the recommendation of "no interest" in Applications 17719 and 17766 had been ratified by the Joint Commission. The writer asked for verification of his understanding of the various actions outlined above. This was confirmed by the Chair and, a number of commission members. • • Files -3- January 21, 1960 Subsequently, the matter of progress toward reaching an agreement upon permit terms to be included in, the Watasheamu applications of the Bureau of Reclamation was discussed. It was stated by Mr. Richards that the project was being further studied and it appeared likely some revisions in the project, particularly as to size of reservoir, might be recommended. Mr. Devore stated that progress upon the final permits will await a report from the Bureau of Reclamation. Other matters discussed at the meeting were of only in- cidental interest to the Board. . pencer Supervising Hydraulic Engineer LCS:vc ,c Th.lt la to Worm you that "L, K. Vetter, ail engineer the ,"o `tire.,. ui.113 a oun ihapecttcsn o.t the rapoe'ed pr'a jects: *r selovre abotirt -itaga rrea *pplicatic us an the lit ` sag • of 3e Camber;,; Re r lj. be at .Mrsra Post OL'tics =a about 8:30 a.zu o i ,that_ date and,.w i3.1 meet: 'yo' or ,',your- reer- t est *** at that t#�e �a .act. e " a _ v it is octant that, iota: be ,vreaertt oi' =have a n apr+�eehtativ�e'who 1st` £a liar a i % n Irepoesd project: and ®nticlpatedf.;a o' *gator.. rocor4.o„ that $ou ,agbt: nave .x 1; t,jjv AA •Qaye ,ett,wa_yte*yy� tiow:PrP wettor' In tbe� ieurce :+ID ho u1d a '. ava11.eibl art � at. time. ;$~ r `, Plea -10 roti rs.. tz the 004111:04, a rd in ,Yo earl$. cOnvehience* ladicat,ingi ou ctan. ee 'Oa ,a, stmt. ent or who°`r-il.l r apretent. a. ,,:0? Is rusted, that hn change be ri.1 t tpe ere e1ose1y 0464..40: ° ' • Vary_ t►t{ul ours, ea: 'kr. old '3_,,n Prescott; titoe•Frtaeident NtrisIegfratiPtuar 3lacexvil1e., Cal fbrniati, a ," ".43A1.".Wiv,C-114F`�'* �'YY"4�y� W%VA'tA ,4a �lY� W'"1'b•••iul'S'`.^..1'�:4 ,`.'-tiw t._ _ CC 1 7 y a r- 51-7'\; yT J 7.!:--1._.� t *A a p' C�i tc (L`�. ��-..- ':: .0: 42 C1:4'' Cc. ; 4 b, f ,1 -4'..„ -Li --;3:1.,,-4,-.) 'x4 '". +`,,- .1 ,yt1 -: Is. "4'4f'ge\..Weis± fti- 4Y 't11 ....1,7 v •l.j^tii+- 2- a cknOlodi� ed* , -11; t be aus � � i Oroblad-eunnoc_ t, with f'..tho rcer1 var. i } . *'*-4 '/ o, zit beitev thct oco ow s .n 11 b s ati actori in; this Pa i tIar- , *ON th 'nr 1c rc.ferre tor hc r- : #-far_ztho !card :eye. feiparts eut•Qf . i 8nd 401 - t1r' itt .�f yoetth he ?IvipL .c nt . ale t©'; 1°e o1v® �i3'}1q _ Sitter t r . z i grE e14cnt -04 Ilius obv to he ' �. ' of e ,r ri p; rs ,� dei a vi td o .< War CoVitir a'1co flargait moo tlfein t riatiforrila Gintamtab- STATE OF CALIFORNIA 1111 afrr tt&1i# Botta) 1401 218T STREET P. 0. 80X 1882 SACRAMENTO 7. CALIFORNIA August . A 1 i Applications 2$022120030,20031, umai ,2 , i Before further consideration can be given to the above -numbered applica- tions, it appears that either a hearing or proceedings in lieu of hearing will be necessary. Sections 730 through 736 of the enclosed leaflet entitled "Rules and Regulations Pertaining to Protests and Hearings", contain pertinent details as to the hearing procedure. Section 737 of the leaflet outlines briefly the proceed- ings in lieu of hearing. A hearing involves the introduction of oral and written testimony and a record of the proceedings by a court reporter. The charges of the court reporter and costs of preparing a transcript for the Board's record must be paid by the parties involved. Final decision by the Board is limited to consideration of the matters covered in the transcript,°which also may include other material by refer- ence. The proceedings in lieu of hearing normally include an announced visit by an engineer. of this office who views the local situation, interviews the parties or their representatives in attendance, conducts such field investigation as cir- cumstances warrant and submits a written report for a permanent record of the Board. Final decision by the .Board is based upon the report, together with such written representations, records and other documents as the parties may submit, and any other relevant information'available. If you prefer the proceedings in lieu of hearing, please sign and return to this office without delay the enclosed stipulations. If, however, a hearing is desired, please so advise us. The Board requires that protested applications be heard as promptly as practicable in the light of all the circumstances. Requests for inordinate delay in setting them for hearing, or in conducting stipulated pro- ceedings in lieu of hearing, will be denied. Enc. 49a p1. Drasran Very truly yours, L.K.'Hill Executive Officer • ,t h Attiis eiraia Wator ' ,C`c ;any' �e 'vili0ellferala sta.aQ,Piftevaidetit 13 i _ t T hi: will ac la a `year tetter Of Avt,t 21., SC, qualkoting thar protasto Aeainat the o'ova=au be ad 3 tztlent ' p 0 t am Wator C' ?any.. I,t 4 4.r1(441a t t a voYir Q ', t o sns' er has *tent _410rvre u`a i variau ria:.• • • rsis Is/ L. K. Hill ' C 4 Depart rent of -Fish And Gaffe 722 Capitol " :venue ` Sacraiuento, ' a1iforaia 'Attetion . J. C. ;Fra eer Water 'rra joctc ..00rd nstor 30, -: v � r 195$ lications 8021: 31, 1. 38 18039 This will. ,-a .Icnowledke recei t of your protests �,.sgainet the aLove-rhumb recd'applications of vers; Wait,et ,Co.npany, and it ;is noted._that-copies;. t s.ereof . ave,,been served/.'upon the 'applicant. �ry 'S 3L. K. Hill; Kill. xecut ie ,Officer L.