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1220(916) 920-6316 Tahoe Paradise Water and Gas Company P. 0. Box 11117 Tahoe Paradise, CA 95705 PERMIT 13527 (APPLICATION 18030), PERMIT 13528 (APPLICATION 18031), PERMIT 13529 (APPLICATION 18038), PERMIT'13'530 (APPLICATION $8039), PERMIT 14335 APPLICATION, 19629), UPPER TRUCKEE RIVER IN EL DORADO COUNTY Protests against the approval of these petitions have been received, and the protestant states copies of the protests have been served on you. Answers to these and any other protests against these petitions should be submitted to the State Water Resources Control Board and. copies sent to the protestants. within 15 days after the expiration of the time to submit protests. If -you believe you -can reach agreement with the protestants which will result in the withdrawal of the protests, upon your request to the Board, the period for answering the protests will be extended for a reasonable time to allow fornegotiationstoward such agreement. ISI D. ' H. Kite Associate Engineer OHKITE:tgraybi11 SURNAME OCT 1s1978 * C„ 916) 920-6316 In Reply Refer :.:to: 311:DHK:18030 OCTOBER 16 1978 Roy C. Hampton, Executive Officer California Regional Water Quality Control Board Lahontan Region P. 0. Box 14367 South Lake Tahoe, CA 95702 PERMIT 13527 APPLICATION 18030), PERMIT .13528 (APPLICATION 18031), PERMIT 13529 APPLICATION 18038), PERMIT 13530 (APPLICATION 18039), PERMIT 14335' APPLICATION 19629), UPPER.TRUCKEE RIVER. IN EL DORADO COUNTY Your protests have been accepted. If a hearing is found necessary,• you will be given notice of the time and place. The petitioner is required to answer all protests within 15 days of the close of the protest period or such additional time as the Board for good cause,may allow. 'D, H..Kite Associate Engineer : -Tahoe:Paradise Water and Gas Company P. 0. Box 11117 Tahoe Paradise, CA 95705 :DHKITE:tgraybil1 SURNAME >> nCT 16 1978' a . s a 0.r Tie (916) 920-6316` Y.' OCTOBER ` 1 G. 1978 California Tahoe Regional Planning Agency P. 0. Box 14467 South Lake Tahoe, CA 95702 In Reply Refer tO 311:DHK 18030 • PERMIT,13527 (APPLICATION 18030), PERMIT' 13528 (APPLICATION 18031), PERMIT 13529 (APPLICATION 18038), PERMIT 13530 (APPLICATION 18039), PERMIT 14335 (APPLICATION 19629), UPPER TRUCKEE RIVER IN EL DORADO COUNTY 4our protests -have been accepted. If a hearing is found necessary, you willbe given notice: of the time and%place. The petitioner is required to answer all protests within 15 days of the close of the protest period or such additional time as the Board for good cause may allow. D. H. Kite Associate Engineer: cc: Tahoe Paradise Water and - Gas Company P. 0. Box 11117 Tahoe) Paradise, CA. 95705 DHKITE:tgrayb.i11 SURNAME nrf t 591804 0,11 State of California State Water Resources Control Board DIVISION OF WATER RIGHTS 2125 — 19th Street, Sacramento, California 95818 Phone (916) 445-2055 PROTEST (Extension of Time Petitions) BASED ON LEGAL, ENVIRONMENTAL, OR PUBLIC INTEREST CONSIDERATIONS Protests based on injury to vested rights should be completed on other side of this form APPLICATION 18031 PERMIT 13528 I,(We) California Tahoe Regional Planning Agency Name of protestant of P.O. Box 14467, South Lake Tahoe, CA 95702 have read carefully Address of protestant (Include zip code) a notice relative to a petition for extension of time to place of use and point of diversion Begin construction, complete construction, complete use of water under PERMIT 18031 of Tahoe Paradise Water and Gas Company State name of petitioner to appropriate water from Upper Truckee River Name of source It is desired to protest against the approval thereof because to the best of our information and belief: My or our the proposed extension of time will (1) be contrary to law ❑ (2) have an adverse environmental impact 0 (3) not best serve the public interest State facts which describe how lack of diligence by the petitioner supports the foregoing allegations It is premature to grant a change of use at this time. The present study by the SWRCB to inventory water use within the Tahoe Basin will relate water use, water rights and population forecasts which will substantially affect future decision - - _s. • ,. .i• in the Tahoe Basin. The CTRPA has calculated future populations which may exceed the actual availability of water. Water rights decisions made nnw may have to hp reviewed and revised based on -the results of the ongoing invpntnry_ Hence, sturh decisions should be held in abeyance until the SWRCR study is complete. Under what conditions may this protest be disregarded and dismissed' This protest could be disregarded or State conditions which will relieve protest, or If none, so state dismissed once the relationship of water use, water rights, land use and total population levels permitted in the Basin is analyzed and evaluated as intended in the SWRCB study. A true copy of this protest has been served .upon the petitioner by mai 1 Personally or by mall Date August 18, 1978 John Vos erers,°`ExecutiveSe)fificerfe CTRPA Protests MUST be filed within the time allowed by the Board as stated in the notice relative to the change or such further time as may be allowed. (NOTE: Attach supplemental sheets as necessary) SWRCB-20K (21.76) 36932-983 9-7e 750 0 OSP State of California State Water Resources Control Board DIVISION OF WATER RIGHTS 2125 — 19th Street, Sacramento, California 95818 Phone (916) 445-2055 PROTEST (Extension of Time Petitions) BASED ON INJURY TO VESTED RIGHTS , Protests based on OTHER considerations should be completed on other side of this form' APPLICATION PERMIT I, (We) Name of protestant of have read carefully Address of protestant (Include zip code) a notice relative to a petition for extension of time to Begin construction, complete construction, complete use of water under PERMIT of State name of petitioner to appropriate water from Name of source It is desired to protest against the approval thereof because to the best of information and belief the proposed extension My or our of time will result in injury to as follows. Me or us State the injury which will result to you (See NOTE below) Protestant claims a right to the use of water from the source from which petitioner is diverting, or proposes to divert, which right is based on: Prior application, notice posted, use prior to 12/19/14, riparian claim, or other right NOTE: If your right is a junior right, you should attach a complete statement of facts supporting the allegation that lack of diligence by the petitioner is adverse to you. , Please provide application, permit or license numbers or statement of diversion and use numbers, which cover your use of water, or state `none' The extent of present and past use of water by protestant or his predecessors in interest from this source is as follows: State approximate date first use made, amount used, time of year when diversion Is made, the use to which water is put Where is YOUR DIVERSION POINT located? 1/4 of 1/4 of Section Describe Location with sufficient accuracy that position thereof relative to that of petitioner may be determined T. --, R .B&M. Is this point downstream from petitioner's point of diversion? YES ❑, NO J. If Yes, explain: Under what conditions may this protest be disregarded and dismissed? State conditions which will relieve protest, or if none, so state A true copy of this protest has been served upon the petitioner Personally or by mall Date. Protestant(s) or Authorized Representative sign here Protests MUST be filed within e time allowed by the Board as stated in. the notice relative to the change or such further time as may b owed. (NOTE: Attach supplemental sheets as necessa ,n1c ,o MAI • State -of California State Water Resources Control Boar,. , DIVISION OF WATER RIGHTS 77 Cadillac Drive, Sacramento, CA 95825 Telephone Number: (916) 322-9128 The Resources Agency STATE WATER RESOURCES CONTROL SOAR° AUG 22 8 to AM '78 PROTEST - (Change.Petitions) 0i ,,;:.;,.,. (IA TS SACRAI4EMT0 BASED ON ENVIRONMENTAL OR PUBLIC INTEREST CONSIDERATIONS Protests based on injury to vested rights should be completed on other side of this form APPLICATION 18031 PERMIT 13528 LICENSE I,(? ) ROY C. HAMPSON. EXECUTIVE OFFICER of the California Regional Water Qrurality Control Board, Lahontan Region Name of protestant of P. 0. Box 14367, South Lake Tahoe, CA 95702 have read carefully Post Office address of protestant a notice relative to a petition to change point of diversion and place of use. point of diversion, place of use, character of use UMW APPLICATION 18031 of Tahoe Paradise mater and Gas Company State name of petitioner to appropriate water from Upper Truckee River (tributary to Lake Tahoe thence Truckee River ft me of source It is desired to protest against the approval thereof because to the best,of our information and belief: my or our the proposed change will (1) not be within the Board's jurisdiction (2) not best serve the public interest (3) be contrary to law (4) have an adverse environmental impact n State facts which support the foregoing allegations 1. If developed under existing permit conditions this right will be totally insufficient for summer needs of service area. 2. Water needs of Tahoe Paradise Service area must be figured with total Tahoe Basin demand and not to exceed Bi—State compact allocation. 3. Insufficient knowledge of current or protected future water development is presently available. 4. No comprehensive plan exists to guide the development of water resources of the Tahoe Basin. Under what conditions may this protest be disregarded and dismissed? State conditions which will relieve protest, or if none, so state 1. Completion of State WAter Resources Control Board's Inventory of Water Use and Water Rights of the Lake Tahoe Basin. 2. Development of comprehensive policy and plan to guide development of remaining u4appropriated water in the Tahoe Basin. A true copy of this protest has been served upon the petitioner personally or by mail Date Aug st 1R, 1978 Prote ant(s) or Authorized ' epresentative sign here Protests MUST be filed within the time allowed by the Board as stated in the notice relative to the change or such further time as may be allowed. SWRCB 23D(2/76) (NOTE: Attach supplemental sheets as necessary) State of California State Water Resources Control Board DIVISION OF WATER RIGHTS 77 Cadillac Drive, Sacramento, CA 95825 Telephone Number: (916) 322-9128 PROTEST - (change Petitions) The Resources Agency BASED ON INJURY TO VESTED RIGHTS Protests based on OTHER considerations should be completed on other side of this form APPLICATION PERMIT LICENSE I, (We,) Name of protestant of have read carefully Post Office address of protestant a notice relative to a petition to change point of diversion, place of use, character of use under APPLICATION State name of petitioner to appropriate water from Name of source It is desired to protest against the approval thereof because to the best of my or our as follows: information and belief the proposed change will result in injury to me or us State.the injury which will result to you (see NOTE below) Protestant claims a right to the use of water from the source from which petitioner is diverting, a proposes to divert, which right is based on: Prior application, notice posted, use begun prior to 12/19/14, riparian claim, or other right, Please provide application, permit or license numbers or statement of diversion and use numbers,which cover your use of water,or state 'none' The extent of present and past use of water by protestant or his predecessors in interest from this source is as follows: State approximate date first use made, amouht used, time of year when diversion is made, the use to which water is put Where is YOUR DIVERSION POINT located? 1/4of 1/4 of Section T. , R. Describe location with sufficient accuracy that position thereof relative to that of petitioner may be determined B. & M. Is this point downstream frompetitioner's point of diversion? YES NO 7 If Yes, explain: Under what conditions may this protest be disregarded and dismissed? State conditions which will relieve protest,•orif none, so state. A true copy of this protest has been served upon the petitioner personally or by mail Date Protestant(s) or Authorized Representative sign here Protests MUST be filed within the t`-- allowed by the Board as stated in thr --tice relative to the change or such •further'time as may be allowed. SWRCB 23D(2/76) tnOTE: Attach supplemental sheets as necessary) AUGUST . 9 1978 Tahoe_ Paradise Water end Gas ConvailY P. O. Box 11117 Tahoe Paradise, CA 95705 In Reply Refer ' Tots, 332:N01(118030 PERMIT' 13527 APPLICATION 18030), _PERMifi 13528APPticirrio i •P�lIT 13529 APPLICATION 18038),, PERMIT 13530 '(APPL CATION 1 _ PERMIT 14335 APPLICATION 19629), UPPER TRUCKEE RIVER IN EL DORADO COUNTY; Protests against the approval of these petitions have been received, arid the protestant states copies -of the protestshave been served on you. Answers, toy these :and any other .protests, -against these petitions should, be submitted to the State Water Resources Control Board and copies• sent to :the protestai is within 15 days after the expiration of the time to sub mit :protests: 1f- you believe you can ,reach, agreement with the protestents: which will. result. in.,t a withdrawal• of the .protests,. upon ,your. request to the Board, - the period= for"answering the protests will be- extended for a reasonable time to allow -for negotiations toward :such Agreement. To assist in .thismatter,: we are enclosing a; copy of our regulations- - 'pertaini ng . to protests and hearings:. Orin M•. Signed . by Page Page Supervising Engineer En -Closure, NDKontos jromeo' 8/8/78- , Pyramid Lake Paiute Tribe - c/o Robert D. Stitser, LTD 755 Forest Street Reno, :Nevada .89509 AUU,uST .9197a Permit 13527 (Application 18030), Pen ite 13529 (Application 18038), :-..-Permit 143.35 ,Application 19629,) , County. In Reply Refer To: 332:NDK:18030° Permit 13528 (Application CE1610 Permit 13530 (Application z{f. 9), Upper;Truckee "River in El Dorado Your _pr-otests have: been accepted. if a hearing is found necessary you will be given notice- of the. time and place. The petitioner :is requlred ,to answer all protests within' 15 days Of: the close of the protest ,period or such -additional .time as the Board for food cause, may aliow-: Original Signed by J. M. Page J. I1. Page Supervising Engineer_. Cc:: Tahoe Paradise Water:: and. . Gas Company, - - P. G. 86X 11,117 -Tahoe Paradise, CA 95705 NDKontos:.fromeo .8/8/78 - %;,) State of California State Water Resources Control Board DIVISION OF WATER RIGHTS ( +r nr 1i�.,n IR R 'sr�gicEs 2125 — 19th Street, Sacramento, California 95818 t Nlt: '4 430* -9 Phone (916) 445-2055 AUG 8 39 Ali 18 Oi PROTEST — (Extension of Time Pefii i�.� 'N i," BASED ON INJURY TO VESTED RIGHTS Protests based on OTHER considerations should be completed on other side of this form APPLICATION 18031 PERMIT 13528 I, (We) PYRAMID LAKE PAIUTE TRIBE Name of protestant of NIXON , NEVADA 89424 have read carefully Address of protestant (Include zip code) Crgmmenc constr ction & s of water & to change a notice relative to a petition for extension of time to/place of use and _point of diversion Begin construction, complete construction, complete use of water Tahoe Paradise Water & Gas Company under PERMIT 13528 of State name of petitioner to appropriate water from upper Truckee River tributary to Lake Tahoe & thence Truckee Name of source River . it is desired to protest against the approval thereof because to the best of our information and belief the proposed extension My or our of time will result in injury to us as follows. Me or us State the injury which will result to you (See NOTE below) (See attached "Exhibit A"', incorporated fully herein by reference Protestant claims a right to the use of water from the source from which petitioner is diverting, or proposes to divert, which right is based on: Federal Executive Order creating the Pyramid Lake Paiute Reservation, dated November 29, 1859 Prior application, notice posted, use prior to 12/19/14, riparian claim, or other right NOTE: If your right is a junior right, you should attach a complete statement of facts supporting the allegation that lack of diligence by the petitioner is adverse to you. ; See above Executive Order Please provide application, permit or license numbers or statement of diversion and use numbers, which cover your use of water, or state 'none' The extent of present and past use of water by protestant or his predecessors in interest from this source is asfollows: 385,0-00 a.f of water average per year from the Truckee River for fishery purposes, and prescribed minimum flows in the lower Truckee River and 30,087 a.f. for farming purposes on the Reservation per year State approximate date first use made, amount used, time of year when diversion is made, the use to which water Is put Where is YOUR DIVERSION POINT located?! Pyramid Lake Paiute Ressfervat dor otSectilnower Truckee Rive] 1/4Describe location with sufficient accuracy that position thereof relative to that of petitioner may be determined T. — , R B&M. Is this point downstream from petitioner's point of diversion? YES [3, NO 0. If Yes, explain: Under what conditions may this protest be disregarded and dismissed? This is an unconditional protest. State conditions which will relieve protest, or If none, so state The mere appropriation of water for any purpose will materially injure the Pyramid Lake Paiute Tribe as explained in Exhibit A, attached hereto. A true copy of this protest has been served upon the petitioner Date• Augusta, 1978 by mail Personally or by mall Protestants or Authorized Representative sign here obert D. Stitser, Ltd., Attorney for the J% Protests MUST be filed within the time allowed by the Board as stated in the notice relative to the change �J or such further time as may be allowed. Pyramid Lake Paiute Tribe, 755 Forest Street (NOTE: Attach supplemental sheets as necessary) Reno, Nevada 89509 —•-•�,.., ��v „tis, 702/323-1352 State of California State Water Resources Control Board DIVISION OF WATER RIGHTS 2125 — 19th Street, Sacramento, California 95818 Phone (916) 445-2055 PROTEST (Extension of Time Petitions) BASED ON LEGAL, ENVIRONMENTAL, OR PUBLIC INTEREST CONSIDERATIONS Protests based on injury to vested rights should be completed on other side of this form APPLICATION PERMIT I, (We) Name of protestant of have read carefully Address of protestant (Include zip code) a notice relative to a petition for extension of time to Begin construction, complete construction, complete use of water under PERMIT of State name of petitioner to appropriate water from Name of source It is desired to protest against the approval thereof because to the best of information and belief: My or our the proposed extension of time will (1) be contrary to law (2) _have an adverse environmental impact (3) not best serve the public interest a ❑ State facts. which describe how lack of diligence by the petitioner supports the foregoing allegations Under what conditions may this protest be disregarded and dismissed? State conditions which will relieve protest, or if none, so state A true copy of this protest has been served upon the petitioner Personally or by mall Date. Protestant(s) or Authorized Representative sign here Protests MUST be filed within the time allowed by the Board as stated in the notice relative to the change or such further time as may be allowed. (NOTE: Attach supplemental sheets as necessary). WRCB-2OK 12/76) 36900-993 9-70 750 © OSP c. ROBERT D.STITSER, LTD. ATTORNEY AT LAW 755 FOREST STREET RENO, NEVADA 89509 TELEPHONE (702) 323-1352 August 2; 1978 Division of Water Rights State Water Resources Control Board 77 Cadillac Drive Sacramento, California 95825 Dear Mr.' Rosenberger: Reference is hereby made to the above application. This letter will serve as a formal protest by the Pyramid Lake Paiute Tribe to such application upon the following grounds: The granting of the application will allow the applicant to perfect his diversion.of water under Permit 13528 On information and belief from California State officials, California's share of any water of the Truckee watershed to which it may be entitled relative to the California - Nevada Compact has already been.over-appropriated: The amount under the Compact has never been confirmed by the U. S. Congress and even this amount is subject to the • . claims of the Pyramid Lake Paiute Tribe. - -.United States v. California and Nevada, 93 S.Ct. 2763 (June 11, 1973). 2. The United States of America is now conducting'litigation on behalf of the Pyramid Lake Paiute Tribe to quiet. the Tribe's claims to water on the Nevada side of theTruckee watershed. United States of America v. Truckee -Carson Irrigation ° -District, State of Nevada, et al, (No. R-2987 U.S. Dist. Ct., Nevada) 3. If the Pyramid Lake Paiute Tribe does not secure.adequate .relie.f"as a result of the Federal District Court suit in -Nevada, above, .it will seek supplementary relief from those claiming water on the California side of the Truckee water- shed. The Tribe claims use to the water of the Truckee -1- Exhibit A watershed dating from November 29, 1859..'On information .and belief, there are few water right claimants in Cali- fornia who can claim use of Truckee watershed water prior to the Tribe's claims. '.Therefore, allowing the applicant, to perfect his requested water diversion- shall only.exac- erbate an already over -appropriated .and contentious situ- ation in the Truckee watershed. 4. There is no unappropriateed'water.remaining"in the Truckee River Basin, rather the water in .the-Truckee,River.Basin has been over appropriated pursuant -to -the Winters Doctrine granting Indian tribes sufficient water to -maintain a viable economy on their Indian reservations from:appurtenant waters, in this case the Truckee River,,,and. the Pyramid Lake Paiute . Tribe located at the Pyramid Lake Paiute- Indian' Reservation at the end of the Truckee-River..Winters v. United States, 207 U.S. 564 (1908). Further,:you will -note that pursuant to the various decrees that have purportedly -appropriated water from the Truckee River Basin including Lake Tahoe that there has been appropriated more' than- twice -las much water as the' watershed develops. See United.States v.. Orr Water Ditch Co., No. 83 (D. Nevada 1944)., and other=.related decrees. 5. The Board lacks jurisdiction to determine..the.reserved Win- ters Doctrine Water Rights, of the protestant vis-a-vis the applicant. The reserved water rights claimed by the .Pyramid Lake Paiute Tribe, to maintain.Pyramid:Lake and the lower Truckee River so as to restore the-Tribe's'natural fishery and maintain a viable economy on the Tribe's,Reservation are the creature of Federal law rather than State law,' which Fed- eral law is pre-emptive over conflicting State adjudications of water rights. Therefore, the Board cannot make a determi- nation which would be res.judic.ata to the Tribe's claims and the applicant would take .his permit -.subject to such claims. In reliance on the State, he may erect certain improvements based on his State permit.for'which.the State may be liable to him for detrimental reliance should the Tribe perfect by adverse decree its claims to Truckee watershed water. Winters v. United States,.207 U.S. 564 (1908); Alaska Pacific Fisheries v. United States, 248. U.S. 78 (1918);. Arizona v. California, 373 U.S. 564 (1963);.,. United States v. District Court in and for the County of Eagle, Colorado, 401 U.S. 520 (1971); and, United States v. Cappaert,-96' Sup. Ct. 2062 U.S. (1976) . -LJ 6. Granting any more applications for any reason to allow ap- propriation of water in the upper.Truckee and Lake Tahoe watershed induces destruction of'that.frag.ile environment. The Board can take judicial notice:of:the.environmental crisis that population growth has brought to the Lake Tahoe - Upper Truckee River area to which this; application relates. A very effective way to. curb the increasing despoilation of the environment there is to -begin cutting off—the water to feed such destructive population growth-: This.is. being done in other forward-looking areas by.not_granting ,such -applications. • The protestant, thePyramid Lake, Paiute ..-Tribe; would suffer irreparable injury_ from the approval of :the above application since every drop of water taken'out`of the Truckee watershed upstream from the -Tribe's reservation causes', a corresponding drop in the Tribe's lake.which..renders it:unstable and too saline for development to provide.the Tribe with the proper economy to which it is entitled pursuant to Federal law. 7. The basis of the Pyramid Lake Paiute Tribe's water'rights. is the Winters Doctrine as'articulated.by theUnited States Supreme Court in the case of Winters v. United States, 207 U.S. 564 (1908); and other methods 'of:.making a. viable econ- omy by Indians, such as fishing:which'would.be applicable to the Pyramid Lake Paiute. Tribe: :'Alaska- Pacific Fisheries v. United States, 248 U.S.'78 (1918). The Pyramid Lake Paiute Reservation was established -November -29,:1859. , From time immemorial and before the white man came 'to this country the Pyramid Lake Paiute Tribe used allof the waters developed in the Truckee River watershed including Lake Tahoe to provide a fishery to feed all.the Indians of northern Nevada and California. Since the coming of the.white man in the late 19th century waters developed in the -Truckee River watershed have been illegally diverted ,away from the Tribe despite the Winters Doctrine; -,and this unlawful di- version has resulted in substantial injury .to .the.. economy of the Pyramid Lake Tribe, namely, the said fishery. 'How- ever, it has been demonstrated recently that the fishery can be revived if the Indians are allowed to -have -at least 385,000 acre feet of water per year from the- Truckee River watershed to maintain their lake. Further, their fishery economy could be supplemented by a recreation economy which the United States Government, Department. of .Interior, Bureau of Outdoor. Recreation says. has.'the.highest recreation poten- tial of any lake in northern Nevada 'and California,1968' Report'of the Bureau of Outdoor Recreation, page 14. The destitution of the Indians:and the destruction of Pyramid - Lake can be reversed if the cancerous, upstream growth is stopped now. -3- Therefore-, denying" this,application,would be consistent with pre- servation of the Truckee Basin' environment and protection of.:the, rights -of -its citizens: granting it.would not. Because of the above points and. authorities, it reasonablyappears an environmental. impact statement pursuant to California law must be prepared. and hearings held prior• to any administrative decision on this matter. Next, the Pyramid Lake Paiute Tribe herein puts the Applicant on notice of.the.decision of the United States Supreme Court,"namely ; United -States v. Cappaert and Nevada, ,96 Sup..Ct. 2062 (1976) , which -holds that even if a water -permit is granted by a state agency, if it. is. found ' later that the exercise of that permit interferes:..; with Federal reserved waterrightsused for, the preservation .of dangered species,• even though'such-Federal reserved rights.-. are" not.. perfected bydecree or state permit, that the state. permitted water to private parties shall be cut off so that the Federal reserved` water"r-ights shall be fulfilled. Also, -the Cappaert decision clearly stands for the proposition that the "equitable doctrine of balancing. the"hardships shall not be applied -to -diminish the needed Federal reserved water sufficient to preserve and maintain the endangered species. (;In.the Cakpaert case, the private permitted water right holder had.spent some seven'million dollars on improvements).' -please, `see also the, policy of the" State. Water Resources Control Board, Notice to Water Users.in,the'Lake Tahoe and Truckee River Basins,. dated'," July 15., 1":976. . .The Tribe is claiming approximately 385,000 acre feet •on an.average eachyear from the -Truckee River to maintain the viability of -Pyramid • Lake and -Various flow rates -at certain-times'of the year in certain portions of the. Truckee River all to.maintain a viable natural fish- ery. 'The fishery claims are fori an 185,9 priority. Cordially yours,. RDS:ht Robert D. Stitser, Ltd. Attorney for, the Pyramid Lake Paiute Tribe CERTIFIED.MAIL NO. -504779. , RETURN RECEIPT -REQUESTED. • STATEWATER RESOURCES CONTROL BOARD An Li 8 39 AM '111 DIV. QF R1CHTS SACRAMENTO FILE Recd fromY RECORD OF FEES Date MAY 18 . rani Amount Application Fee Pettit Fee Permit Extension -Fee - Petition Fee L__..__Ze). dry Additional Fee on Changes Proof of Claim Fee WRCBlF Other i?cleared Collections: Disposition Date TO: Environmental impact Assessment Unit Planning & research, 21st & T • FROM: Di vi,,ion of Water Right, by G t. Further action on the petition for this filing will be withheld pending receipt of your review. FILE DATA: License Permit /J S'Z Appl. / r' Name v e d/.'.� GUSH✓ q ' Source .-0z 1.^�+40.0 Zi v¢'✓ County ;'Amount PETITION FITJ D ,r -/P-20 AND IS FOR: A. EXTENSION OF TIME 7-4-7/ x Start construction Complete. construction Water put to beneficial use .For year.of maximum use B. CHANGE x Point of. diversion )< Place of use .Character. of use NOTICE FOR PETITION ISSUED PROTESTED 0 AND RESOLVED , r?a.r.,,;," Aa ;ii�•f CLEARED BY EIA UNIT KEEP. ON TOP