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FoGR: Water Rights Process

The Water Rights Process

Process for Acquiring Rights to Gualala and Albion River Water, As Illustrated by the Alaska Water Exports Applications

Steps for Acquiring a Water Right

  1. Submission of complete application
  2. Notification
  3. Protest (also called commenting)
  4. Negotiation
  5. Environmental review
  6. Hearing
  7. Granting or denial of water rights

Submission of the Application

Applications for a water right must be filed with the State Water Resources Control Board (SWRCB). At a minimum, applications must contain the following information:

  1. Name and contact information of the applicant.
    Alaska Water Exports
    Mr. Ric Davidge, President
    3705 Arctic Circle, Suite 415
    Anchorage, AK 99502
    Website: www.worldwatersa.com
    Email: ricdav@gci.net
  2. Source of the water supply.
    31194: Gualala River
    31195: Albion River
  3. Nature and amount of the proposed taking.
    Gualala: 8,700 acre-feet/year
    Albion: 6,200 acre-feet/year
  4. Location and description of all headworks, ditch canal and other works.
    The water will be captured through an in-stream cistern buried in the river channel. The cistern will house a series of electric pumps to transport water to bladders 262 meters by 82 meters with a capacity of 40 acre-feet moored offshore of Whale Watch Point of Gualala Point Regional County Park or the north head of the Albion River. Water will be transported via a 24 inch pipe line 2-4 miles long.
  5. Place of diversion.
    See maps published with the Notices. Diversions are asserted to be upstream of the salt water incursion zone.
  6. Intended place to use water.
    San Diego
  7. Timelines for construction.
    Completion in 2004
  8. Information regarding the potential effect on fish and wildlife. See Consultants’ Reports included with Applications.
  9. Information on availability of water.
    See Consultants’ Reports included with Applications
  10. Information on the present population to be served and the future requirements of that city.
    Alaska Water Exports has submitted a San Diego Water Department map showing its service area (the southwestern quadrant of San Diego County) and alluded to publicly expressed needs for additional water supplies.

Submission of Application (continued)

  • The SWRCB notifies applicant if the applicant fails to provide all of the required information. Applicant is given an additional 60 days to address the deficiencies.
  • The SWRCB may also request information to satisfy concerns related to the availability of water, and compliance with all California Fish and Game Code requirements, with the Federal Endangered Species Act of 1973, and with all state laws related to minimum flows in streams and watercourses.
  • Alaska Water Exports’ applications were deficient at first. Acceptable required information was received by SWRCB on June 27, 2002.
  • The SWRCB published Notices of the Applications on September 13, 2002.

Notification

Upon receiving the application, the board must notify:

  1. Applicant (Alaska Water Exports)
  2. District Attorney of Counties Affected
  3. Board of Supervisors of Counties Affected

All notifications must provide the following:

  1. The same information provided in the application
  2. Information on procedures for protesting the application

Additional Noticing Requirements for Applications for 200 acre-feet or more (including the Alaska Water Exports applications):

  1. Must be published in a newspaper published in the affected county(s):
    Notices will be published in the Independent Coast Observer, the Ft. Bragg Advocate-News, and the Santa Rosa Press-Democrat.
  2. Must be published at least once a week for three consecutive weeks at least 20 days after the notice to the applicant has been sent.
  3. Must be sent to “interested parties” who requested notices.

Protest

Any person or group, including state agencies, may file a written protest to the board against an application.

Protests, using the SWRCB Protest Form, must include:

  1. Name and contact information of the protester.
  2. Detailed description and bases for the objection.
  3. Protests must be sent to the SWRCB and to Alaska Water Exports.
  4. Protests must be submitted within 60 days of the notice.
  5. The SWRCB may request additional information to be provided by the protester within a reasonable time period.

For more information, see:

Negotiations / Timeline

  • After the 60 days in which to file a protest, there is a statutory 180 days during which the protesters and the applicant are asked to resolve the differences.
  • After the 180 days (no earlier than May 2, 2003), the board may extend that time period and require either side to provide additional information to settle the dispute.
  • If the parties do not reach a resolution, the board will conduct a public hearing on the application. Notice of the hearing will be at least 20 days in advance of the hearing.
  • The hearing could occur no sooner than May 22, 2003.

Environmental Review

  • California Environmental Quality Act process to begin at the end of the protest period.
  • SWRCB will be the lead agency.
  • Many agencies are likely to be involved:
    • US Army Corps of Engineers
    • North Coast Regional Water Quality Board
    • National Marine Fisheries Service
    • The California Resources Agency, which includes:
      • Department of Fish and Game
      • Fish and Game Commission
      • Department of Forestry and Fire Protection
      • Department of Water Resources
      • California Coastal Commission
      • California State Lands Commission
  • Environmental Review may delay the SWRCB hearing until such time as the review is complete.
  • The effect of Assembly Bill 858 would be to delay completion of the environmental review until such time as the University of California completes the study mandated by AB 858. This could require several years.

The Hearing

  • Both the applicant and the protestors present their cases before a member or the members of the SWRCB.
  • Conducted under strict rules of evidence, presented primarily by expert witnesses.

Granting or Denying the Application

  • The SWRCB must consider whether the appropriation for water serves a beneficial purpose that develops, conserves, and utilizes the public interest. Serving a beneficial purpose includes use for domestic, irrigation, municipal, industrial, preservation, and enhancement of fish, wildlife, recreational, mining, and power purposes, or any uses specified to be protected in any relevant water quality control plan or the State Water Plan.
  • Streamflow Requirements – When considering to appropriate water, the SWRCB must consider streamflow requirements established by the Department of Fish and Game for designated rivers or streams to assure the continued viability of stream-related fish and wildlife resources.
  • After reviewing the information from all protesters and applicant along with the guidelines in existing law, the SWRCB will make a decision on whether to grant approval of the water permit.
  • Or, after reviewing the application and hearing testimony on the matter, the board may also grant a permit with certain conditions suggested by information given at the hearings.
  • If protesters still oppose, they may also ask for reconsideration by pointing out problems in the decision by the board. The board must then respond within 30 days.

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