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A letter to the State Water Resources Control Board regarding the Kern River

September 14, 2008

Kathryn M. Gaffney, P.E.
State Water Resources Control Board
Division of Water Rights
1001 I St., 14th Floor
P.O. Box 2000
Sacramento, CA 95812-2000

Ms. Gaffney:
The current condition of the once-mighty Kern River is deplorable, and should be an embarrassment to the Calif. Division of Water Rights and the State Water Resources Control Board.  Unfortunately it is not, as evidenced by all of the years this great river has remained dry through one of the largest cities in the Central Valley.  Its current condition is a complete violation of the inherent and legal rights promised the citizens of this state under the Public Trust Doctrine, which long ago established a legal guarantee that the public's interest in and continued access to its own water and river resources CANNOT be jeopardized without their permission and documented consent.
 
The Kern River wasn't created simply as a conduit for enrichening the few, for the pleasure of local water districts or for facilitating abusive paper water exchanges with other areas of this state.  "Full Appropriation", when interpreted legally, has always included the accommodation of the public's natural right to the continued use of and access to the natural flow of California's waterways.  That accommodation does not imply dry riverbeds, and never has.  Why all of California's water-regulatory agencies would ever allow the complete and total decimation of one of California's greatest and largest rivers is an abomination, including the inexcusable lack of action by the Dept.'s of Fish & Game, Water Rights, SWRCB and others.  Even the US Army Corps of Engineers, who is responsible for Clean Water Quality Certifications, protection of blue-lined streams & rivers, watersheds and wetlands has turned their back on regulations applicable to this river that the public has implemented through our elected representatives and supported by our court system. 
 
It should be enough that Goose Lake, Tulare Lake, natural interconnecting canals and numerous water basins previously fed by the Central Valley's rivers have disappeared, that Buena Vista Lake has been reduced to a small fraction of its original size, that subsidence of over 65 feet has occurred in the southern Valley due to groundwater overdraft, the Pacific waterfowl flyway, wildlife habitats and numerous wetlands areas virtually eliminated, much of our groundwater polluted, Native American water privileges violated, and innumerable secondary negative environmental effects incurred over the last 60 years in this part of the state.  Apparently it is not.  If this is called water resource management & planning by your department and SWRCB, I would hate to see the alternative.
 
I guess all of your (our??) agencies have concluded that if there is no water in a river, even if humanly-caused, none of these regulations apply.  Why our state's esteemed river, environmental, watershed and wetlands-protecting environmental groups haven't challenged and/or sued the state over this situation is even more hypocrisy, and all virtually identical to the travesty that has occurred at Owens Lake and with the Owens River.  Do diversion and water quality permits apply to California's rivers?  If not, get rid of the laws, stop any enforcement and don't bother.
 
My question is when the agencies of this county, state and our federal government will decide that the public has rights to be protected in regards to this and other rivers?  Stop cow-towing to developers, big ag, water districts, special interests and start thinking of the rights of the public for a change.  Its time for you to prove that you have our interests at heart, start restoring the waterways of this state, stop impacting the environment and turning the entire state into a waterless desert wasteland.  The public and its rivers have natural, historical, judicially-confirmed water and watershed rights that may not be transferred at the whim of your department to special interests, nor for the pleasure of developers.  Start acting like it.

I urge the SWRCB and the Division of Water Rights to assume jurisdiction over the current, and any future, forfeited Kern River water and find that the river is not fully appropriated, conditioned on the following comments.
The State Water Resources Control Board is mandated ethically, if not legally, to, at a minimum, hold a hearing and accept public comments, implement CEQA and NEPA-based proceedings on whether river water forfeited by Kern Delta Water District last year may be claimed by the city of Bakersfield.

I conditionally support the City of Bakersfield's application and/or claim for rights to the water from the Kern River currently under dispute as it would:

• Increase the flow in the natural Kern River channel, thereby benefitting residents, area visitors, the environment, groundwater replenishment, waterfowl, wildlife, botanical and fishery habitat and the economy of Bakersfield and Kern County;

• Ensure that ALL Kern River water stays in Kern County.  NO water should be allowed to leave Kern County that emanates in Kern County.  That is part of the public trust doctrine;

• Protect, improve and maintain the quality and quantity of our drinking water;

• Preserve, restore and enhance this river's natural habitat and flow, causing positive secondary effects to air quality, riverside vegetation, habitat, natural resources and even our weather climate and riverside property values;

• Enhance recreational opportunities, including boating, fishing, rafting & kayaking, swimming, jet-skiing, riverside hiking and biking, natural photography opportunities, park facilities and park development;

• Return at least a portion of the river to public use, as promised the public in numerous judicial decisions.
 
The above should be conditioned upon a publicly-based waterflow gauging, water quality testing, groundwater monitoring, watershed evaluating, environmental, habitats and water management plan that includes ongoing public involvement.  This management plan should be structured and implemented by SWRCB, Div. of Water Rights, Fish & Game, USACE and any other agencies involved.  That, and only that, will assure the public's trust of these agencies in their handling of this river.
 
Thank you.
 
PO Box 1533
2901 Harriet Rd.
Frazier Park, Ca. 93225
661-245-3438