Waterbag protest instructions

Instructions for filling out
the SWRCB protest form First, print out a copy of the protest form.

The State Water Resources Control Board (SWRCB) recommends the use of this form for all protests. Protests can be submitted in letter form provided that all the required information is submitted.

Then follow the instructions below on how to fill out the form, and what to do next. You must send the completed form to both the SWRCB and the Applicant, Alaska Water Exports (details below).

Note:
This example is based on the Gualala River application (#31194), but most of the details also apply to the Albion River application (#31195). We encourage everyone to file protests against both applications.

How to fill out the protest form

1. I, (We) _______your name(s)________
of ____your mailing address & telephone number__

have read carefully a copy of, or a notice relative to,
Application _______No. 31194_________
of ___________Alaska Water Exports______
to appropriate from ____the Gualala River____

at a point _____shown on the map accompanying Application 31194_________________

Comments:
You are certifying that you have carefully read the SWRCB’s notice or the application itself. If you have not done so, read the notice on the SWRCB website.

Or you can contact the SWRCB for a copy of the notice. Kathryn Gaffney, P.E., is the SWRCB project engineer. She can be contacted at: gual_albion@waterrights.swrcb.ca.gov

2. I, (We) protest the above application on:

ENVIRONMENTAL ISSUES, ETC.:
The appropriation will not best conserve the public interest, will have adverse environmental impact and/or will adversely affect a public trust use of a navigable waterway.*

Public interest protests should clearly indicate how the appropriation will affect the public.
Environmental protest should identify specific impacts and provide supporting recitals on issues such as: plants, animals or fish affected, erosion, pollution, aesthetics, etc.
Public trust protests must identify the navigable waters to be affected and how the project will impact public trust values.

Protests of a general nature (not project specific) or opposed to constitutional or legislated state policy will not be accepted. A request for information or for studies to be conducted is not a protest.

OTHER ISSUES, ETC.:
The appropriation will be contrary to law, will require access rights, will not be in the State Water Resources Control Board’s jurisdiction, or concerns other issues.

Facts and, if applicable, points of law which support the foregoing allegations are as follows _________see attached_________

* For the purpose of filing a protest, navigable waters include streams and lakes that may be seasonably navigable in small recreational watercraft.

Comments:

Here are some suggested grounds you might use for protest.
The form doesn’t give you much room to write, so you may want to attach additional sheet(s). Include your name and the application number (31194) on each sheet.
Although a request for information or for studies to be conducted is not a protest, you can protest by asserting a negative public interest impact that can be responsibly dealt with only through further analysis / study.

3. Under what conditions may this protest be disregarded and dismissed? ______________________________________
(Conditions should be of a nature that the applicant can address and either accept or submit mitigating measures.)
_______________________________________

Comments:
This is an invitation for a negotiated settlement with the Applicant. If you give conditions under which you would permit your protest to be disregarded, you must be willing to accept a project that is unchanged in all other respects, except that it meets your conditions.

If you are opposed on all grounds, write: “None at this time”.

4. A true copy of this protest has been served on the applicant ___________by mail to Alaska Water Exports___________

Comments:
You are required to “serve” your protest on the Applicant. The easiest way to meet this requirement is to mail a copy of your protest form, together with any attachment(s), to:

Alaska Water Exports
Ric Davidge, President
3705 Arctic Circle, Suite 415
Anchorage, AK, 99502

Send your signed protest form, together with any attachment(s), to:

Kathryn Gaffney, P.E.
State Water Resources Control Board
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000

To keep track of all the arguments raised, Friends of the Gualala River would also like a copy of your protest. If you’d like to help us do that, please send a copy to: