STATE OF CALIFORNIA STATE WATER RIGHTS BOARD

In the Matter of Application 17139 1

of Oakwood Investment Company; 1

Applications 17149 and 17235 of 1 I

North Tahoe Public Utllitg District, ) - ,....

Applicaticng ,l802l, 18030, 18031, i

18038, and..l8O39 of Meyers Water 1 _. . 1

Company;,. Appl.cation 18248 of Fulton >

Water..; Company’; 1

and Application 18283 )

of Tahoe Tavern Helghta Water Company

to Appropria& from Lake Tahoe or its i .-_. >

Decision D 1056

ADOPTED FEB 15’6g

Tributarleg ‘in Placer and El Dorado )

Counties 1

. The above-named applScation8 i’

are for ‘permit@ ‘to ap.pro-

priate iunappropriated’water from Lake Tahoe, and varioue stream&,,

tributary thereto. . Protests having been receivedt.+wlth reepect to

each of said applications, a public hearing wae held in Sacramento,

California, on September 13, November 29 and 30, and December lI “’ ..( 1960. Board Chairman Kent Bilverthorne presided at all session8

of the hearing. ,I .I The essential feature8 of the applications are ‘I

set forth in Table I.

Proterstant Sierra Pacific Power Company has powerhouses

located+ on the Truckee River just above the Nevada line, This

protestant and proteetanta Waahoe %ounty Water Conservation District

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* and Truckee-Carson Irrigation District are engaged in the sale or

distribution of Truckee River water for consumptive use in Nevada,

Each claims prior appropriative and decreed rights to the waters

of Truckee River and contends that there is no unappropriated water

in the Lake Tahoe Basin which supplies the Truckee River, California

Department of Fish and Game protests applications of Meyers Water

Compan:g for appropriations from Upper Truokee River and tributaries,

al'iegQ2g thdt the quantities of water applied for at times exceed

the mj..nimum flows of the streams and an insufficrent flow in the

0 stream would be destructive to the trout and Kokanee salmon fisheries

resources of Upper Truckee River, Oakwoad Investment Company op-

poses the applications of North Tahoe Public Utility District on

the basis that it already serves most of the latter"s proposed

service area,

The Lake Tahoe Basin consists of a relatively large lake

surrounded by a rather narrow doughnut-shaped watershed with a

multitude of contributory small streams., The largest of these

tributaries is the Upper Truckee River at the south end of the lake.

Total drainage area above the lake outlet is 519 square miles in-

cluding 193 square miles of lake water surface0 Watershed elevations

range from a maximum of 10,881 feet at Free1 Peak to 6,223 feet at

the lake outlet (Staff' Exhs, 4 and 5j0 Across the outlet of the

lake into the Truckee River is a six-foot-high dam operated by the

Truckee-Carson Irrigation District under contract with the United

States Bureau of Reclamation, In effect, the lake is operated as

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8 storage regervq'ir, with a capac'ity of about 745,000 acre-feet between elevation 6&y (the rim of the lake) and 6,229.l. (Staff

~xh,, 4; USGS Water Supply Paper W4, ~33L ~~+jpg from the northwest corner of Lake Tahoe, the

Truckee Rfver flows due north to the town of Truckee, where It

turns to, the east. Just above the Nevada line is a series

of powerhouses, &it the Farad powerhquse of the Sferra Pacfffe

Power Compiny near Floriston the Truckee River has a drainage

area of 940 square miles. The 4S-year average discharge of the

a Truckee River st Farad as computed $n 1958 was about 588,000 acre-

feet per year. The &FL-year average annual d-ischarge of Lake Tahoe

is about 182,400 ac;re?feet per years or about one-third of the

total Truckee. River flow into Nevada.

T,he.Tru&kee River continues east through the cftfes of

Reno and Sparks, and its natural course is into Pyramid Lake, a

sal5ne body of water without outlets. Derby Dam, located to the

east of Sparks, is the poPnt where Newlands Project water is

diverted by the Truckee-Carson IrrSgation District to Lake Lahontan.

Water flowing by Derby Dam which is not requfred to satisfy decreed

downstream Indian ri.ghts and which wastes into Pyramid Lake is

assumed to be surplus and unapproprfated.

The outlet of Lake Tahoe was first dammed by a crib dam

of timber and stone fill completed i.n 1870 by a Colonel A, W,

Von Schmidt, who had acquired a half section of land surrounding

the Truckee River outlet. By Chapter 513 of the Statutes of 1870,

California authorized the Donner Lumber and Boom Company "to

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improve9 at its own expense9 the channel of the Truekee River o o o

! and by erecting floodgates at the outlet of the lake and along the

channel of said river9 not more than five feet in height, so as to

render it practicable to float saw logs, lumber and wood down the

channel to said Town of Truckeeo"

The old Von Schmidt and Donner Lumber and Boom Company

dam became obsolete by 1909, and the present concrete structure

was begun at that time.

Water rights on the Truckee River9 including those

applicable to Lake Tahoe, are "defined“ in part by four doeuments

that are listed below in chronological order (Oakwood Exh, 8, p. 33).

1. Decree of' June h9 1915, in the District Court

of the United States, Northern District of California, Second

Division, in the case of The United States of America9 Plaintiff,

v. The Truckee River General Electric Company, Defendent,

20 Newlands Project contract of 1926 between the

United States and the Truckee-Carson Irrigation Dfstriot,

3. Truckee River agreement of 1935 between the United

States, Truckee-Carson Irrigation District, Washoe County Water

Conservation District, Sierra Pacific Power Co,, and various

others,

4. Truckee River final decree entered September 8,

1944, in the District Court of the United States in and for the

District of Nevada in the case of United States of America, Plaintiff

v, r

.

The 1915 decree, in addition to condemning rights of

way for outlet works at Lake Tahoe, defines rights to store

Truckee River water in, and release it from9 Lake Tahoe, It

provides that certain flows, known as the “Floriston rates,” are

to be maintained in the river as measured at the gaging station

near Floriston, California, and permfts regulatory operations in

order to satisfy the rights of both irrigation and power interests.

The NewlaridsProject contract of 1926 gives the Truckee-

Carson Irrigation Distrist the pr$nr nnntraet r%gbt to water

0 required to irl4@033 87,$20 aores.

varioue operating agreements relative to maintenance of the

“Florieton rates I’ in the light of developments since 1915, incrluding

ponatruotion of the Booa Reservoir by Washoe County Water Conserva-

tion District,

The Truckee River final decree of 1944 adjudicates over

700 claims of rights to use of waters of the Truckee River, It

authorizes storage of water in Lake Tahoe behind the six-foot dam

of the Bureau of Realamation together with direct diversion from

the Truckee River to Lake Lahontan and the Newlands Project.

Except for power plants and their non-oonsumptlve use of water

above the Nevada line, all places of use authorized by said four

documents are looated in Nevada.

Releases from storage of California reservoirs other than

c Lake Tahoe whloh affect flows in the Truckee River above Floriston,

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include Boca Reservoir and Donner and Independence Lakes with a

collective storage capacity of about 80,000 acre-feet,

The effect of the 1944 final decree and the 1915 decree

and 1935 agreement ratified by it is to provFde for releases of

water stored in Lake Tahoe, Boca Reservoir, and Donner and Independence

Lakes 9n accordance with agreemevlts of the parties and under control

of a watermaster appofnted by the court. The partIes to these agree-

ments and these court actions do not include any persons or parties

located on or upstream from Lake Tahoe (Staff Exh, 39 p. IS),

The Department of Water Resources prepared a hydrologic

study of the Truckee River with relation to surplus water at Derby

Dam after all present uses and the Pyramid Indian rights are met,

The study covers the 30-year period from January 1923 through

September 1952 (RT pp. 49-54; DWR Exh. 2)s and assumes 1956 develop-

ments and usage except for delivery of water to the Pyramid Indians

in excess of usage and to the full extent of thefr decreed rights,

Surplus water at Derbg Dam ranged from zero fn five years to 868,900

acre-feet for the first nine months of the 1951-52 water year9 The

annual average of surplus water at Derby Dam was 142,000 acre-feet,

The same study shows that in five years the water was so high in

Lake Tahoe that releases were required for the prevention of

excessive high water. These years coincide with years of high

surplus water in Pyramid Lake. The 30-year annual average of these

Tahoe releases is 28,250 acre-feet. By any standard, high water

releases from Lake Tahoe which reach Pyramid Lake are unappropriated.

Since Lake Tahoe fs an Interstate lake, and the Truckee

Rfver rfses for the most part fn Calffornfa and flows into Nevada9

there fs an underlying requfrement for an 8quftable dfvfsfon of

these Interstate waters between the States of Calffornfa and

Nevada,, See Colorado v0 K,ansas, 320 u. S, 38315 64 S.Cte 176 (194310

That CalSfornBa has not yet exhausted fts entftlement appears clears

sfnce most of the water of the Truckee River System, fncludfng

Lake Tahoe, rises in California, but nearly all of the cOnSUmptfV8

use of the Truckee takes place in Nevada, Thils Boardns power to

authorize appropriation of unapproprfated water is lfmfted to

Californfa"s equitable share of these interstate Waters,

For several years the States of Calirforn'la and Nevada

have been attemptfng to negotfate a compact for the allocation of

water 4n the Lake Tahpe,Basfn as well as the Truckee, Carson, and

Walker Rfvers, A joint study conducted by the California Department

of Water Resources and the Nevada State Engfneer has determined that

ultfmate development in the Lake Tahoe Basfn will requ9re a gross

dfversfon of 34,000 acre-feet per annum. Reportedly the Compact

Commission has adopted the 34,000 acre-feet gross dfversfon ffgure

as the basis for a compact',and is negotfatfng for an allocation of

:approx-fmately 65% to Calffornfa and 35% to Nevada, In 1956, a total

o,f 12,300 acre-feet of water was being diverted to us8 fn the Lake

Tahoe Basfn; 8,900 acre-feet .fn California and 3,400 acre-feet

fn Nevada, Sfnce the applicatfons considered herefn request permfts

for dfversions at rates which, $f maIntained continuously throughout

the seasons speciffed in the applfcatfons, would aggregate a

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Application 17139 fs for a permit to approprfate 2,s cubic feet

per second (cfs) between June 1 and September 30 from Lake Tahoe

for municipal purposes. The service area of the company fs

located at the north end of Lake Tahoe adjacent to the Calffornfa-

Nevada State line and includes the communfties of Tahoe Vfsta, .’

Kings Beach9 Brockway and Crystal Bay (Oakwood Exh, l), The

company has approximately 1,100 servfce connections serving as many

as 10,000 persons during the peak summer months (RT p0 129),,

0 The present sources of water for Brockway Water Company are

gravity dfversion from Griff Creek and Mt, Baldy Springs area and

pumping from Lake Tahoe. The Griff Creek diversion system has a

capacity of approximately 1,s cfs; the Mt, Baldy Springs diversion

has a capacity of

the lake by means

3.25 cfs, Rights

tive rights based

approximately 1.0 cfs, The company diverts from

of three pumps having a combined capacity of

claimed to cover the dfversions 'include appropria-

on notfces posted and recorded prior to 1914,

riparian rights, Licenses 1910 (Applicatfon 6983) .and 5646 (Applfca-

tion 12574), both covering appropriations from Griff Creek, and use

from the lake during the summer since prior to 1914 (RT 130-137;

Oakwood Exhs, 3 and 4).

During July1960, which is considered to be a peak month,

the average diversion by Brockway Water Company was so35 cfs wfth

daily peaks reaching as high as 6,35 cfs, The demand is supplied

from the gravity system whenever possible and is supplemented by

pumping from the lake when necessary. The quantfty of water

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applied for under Application 17139 is being fully utflized from

Lake Tahoe at the present time during the entire diversion season

requested. This amounts to a total diversion of approximately

600'acre-feet per year (RT pp. 133-13JS9 140p 150je

North Tahoe Publlo Utility Distrlot Applications 17149 I

and 17235 are to appropriate 3 cfs from Lake Tahoe and 3 cfs

by direct diversion and 5 acre-feet per annum by storage from

unnamed springs tributary to Orlff Creek. The service area of the

district is a part of the area now served with water by Brookway

l Water Company (RT pp. 165, 169, 170). The district presently pro-

vides sanitary services and street lighting for the area (RT. p.

160),

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On November 29, 1960, North Tahoe Publio Ut%lity Distriot

submitted petitions to change the place of use under Application

17149; and to change the place of usen point of diversion, and

character of use under Application 17235. The purpose of the

petitions to change the place of use is to oonform the plaoe of

use to present distriot boundaries and anticipated service am&

Petition for change in point of diversion under App%iest$en 17235

proposes the moving of the point of diversion contemplated on the

unnamed springs tributary to 6riff Oreok to bake Tahoe and the

elimination of the proposed storage of water, The petPtfen for

change in oharaoter of use under Appl9eation 17235 fs to add

municipal use , whiboh purpose was omittsd bn the arPagin&l @ppPiaa$&xn

(RT pp, 154-157, izmicff zxh, 1). DfvxKt%Lea of wkz&tJeEP IJmbap ApplQoa-

0 tions 17149 ami 17235 irs now to be at om letl&tifea to be 6MkmBed

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by a submerged pipeline extending into Lake Tahoe with a pumping

facility located on the shore.

If the districtcs voters elect to do so, it has the

power to engage in the distribution of water, even though the area

is now served by a public utility. Such a decision should be

forthcoming in the next year or so. Accordingly, it appears reason-

able in approving the applications of the district to provide that

no permits be issued thereon unless and until the electors of the

district, not later than July 1, 1963, vote to approve bonded

indebtednesd required for distribution of water, To prevent duplioa-

tion of water

quantities of

by such water

ment Company.

The

rights, it is also reationable to provide that the

water authorized by the districtQ permits be reduoed

rights, if any, as it may acquire from Cakwood Inveet-

dietriot’ evidenoe indioate~ that BII of 1970 Bte

total annual divereion requirements will be about 1,900 aore4%wt

per annum, with a maximum mummer monthly divercsion of 2&C aore-

feet.

It is found that no one will be prejudioed by allowance

of the dietriotls petltkma for ohmge of place e% um, pe$a% of

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Meyers Water Company indicates that the summer water

supply from the Upper Truckee River will be insufficient for

its needs, Accordingly, the plan Is to obtain a supplemental

supply from WAS (RT pp. 306, 307).

The evidence indicates that Mayerrs total water requfre-

ments from all sources in 1970 will be about 2,760 acre-feet per

annum and about 345 aore-feet in a maximum month,, About 400 acre- feet of the annual requirements could be met by storage.

The five applications of Meyers Water Company were pro-

tested by the California Department of Fish and Game which presented

evidence of the Importance of the Upper Truckee Rfver for the wpawn-

ing of Rainbow and Brown trout and Kokanee salmon, Rates of flow

for the bypass of water down the Upper Truckae RIvera as proposed

by the Department and agreed to by Meyers, are found to be in the

publtc lntsraet,

is for an appropriat$on of 1 ~$9 year-round Bern Lake Tahoa, The

appl.icant'e servlbse area is locitated at the northwest f3ornor of

Lake Tahoe about 5 miles northeast of Tahoe City, At the present

time approximately 175 residen%la% aonneetions are served by the

company, Potent$al$y the ~om'~?any wQP1 be obl2gated to serve about

950 (3ustomer63, inebudlng 40 aomePePaL zL_sea, mk3t2 of tih@ ZO%B have already been sold (RT pp. ,j8%=38j),

the northerly’pumping station (covered by Application 18248) and

60 gallons per minute are pumped at the southerly pumpfng station

(covered by another application not yet set for hearing). During

1961, these pumping stations were to be increased to 200 gallons per

minute, respectively (RT pp. 379, 393). minute and 100 gaJJ.ons per

Applicant Fulton

gallons per day per person

Water Company has assumed a use of 450

in calculating its future use of water, I

This quantity is substantially greater than the quantity used by

the other applicants and that believed by the Board to be necessary.

The concensus of the pther applicants with regard to a quantity for

daily per capita use in 1970 is 250 gallons per day. Us ing this

quantity as a basis for estimating Fulton Water Companyts 1970 use

and applying the other criteria furnished by the Company, the total

diversion in acre-feet per annum and the average diversion in cubic

feet per second during the maximum month are 280 acre-feet per

annum and

diversion

0.74 cubic foot per second, respectively. Accordingly,

in excess of 0.74 cubic foot per second will be denied?

Tahoe Tavern Heights Water Company Application 18283 is _ , ., . I. .,I., .

for an appropriation of 0.9“cfs yearpround from Lake Tahoe, The

J Company’s service area is located on the west side of the lake

about one mile south of Tahoe City (RT p* 359). At present the

Cqmpany serves water to about 30 connections from a well located

about 185 feet back .from the shore of Lake Tahoe (RT ppq 36C? 369).

The well was Installed in 1.946 and has a pumping capacity of 45

gallons per minute (RT pp, >61-36J). As deveN?wmt of the sub-

division proceeds it is planned to pump water from Lake Tahoe to pr,o- vide a water supply for approximately 255 lots (RT PP~ 361-3641,

The evidence indfcates that water requfrements for Tahoe

Tavern He'ights Water Company -in 1970 wflP be about 135 acre-feet a

year, wfth a maxfmum monthly dfversfon of about 20 acre-feet, and

that its service area ~111 requfre a maxfmum rate of dfversfon of

004 cfs, Accordingly, dfversion -Ln excess of 0,4 cfs wfll be denied,

Sferra PacTfic Power Company ffled protests agafnst all of

the subject applications; Truckee-Carson Irrfgatron District filed

protests against all except Applfcatfon 17235; and Washoe County Water

Conservation District filed protests against all except Applfcatfons

17139 and 17149 (Staff Exh, l), These three protestants are located

in the State of Nevada., They presented no testfmony or evfdence

at the hearing, apparently taking the posftion that, whfle not

concedfng that unappropriated water exfsts fn the Lake Tahoe Basfn,

they wfll abide by any agreement entered fnto between the States of

California and Nevada for allocatfon of the waters of Lake Tahoe

Basin, These Nevada protestants also urge that the Board, ff it

does issue permfts, impose such reasonable restrfctfons and lfmfta-

tions as wfll insure economfcal and beneffc-fal use of the water

allocated to Californfa (RT pp., 101-104; Staff Exh, l),

The evidence indicates and the Board f'inds that unapproprf-

ated water exists in the Lake Tahoe Basin, and that subject to sufta-

ble limitations and condftfons, such water may be dfverted and used

in the manner proposed without causfng substantfal fnjury to any

lawful user of water, The intended use is beneficial,

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From the foSegoing findings, the Board oonoludes that

Applications 17139, 17149, 17235, 180210 18030~ 18031.~ 18038, and

18039 should be approved, that Applications 18248 and 18283 should

be approved in part, and that permits should be issued to the

q?espeotive applicants for a total annual quantity not to exoeed

5,675 acre-feet and subjeot to 1imftatSons and conditions of generaT

OF sy)ec$fio. appliaations as indloated,

that Applications X7%39, 17$4er,

17335, 18021, 18030, $8031, 18038, ami 18039 be, and they ape0 ap-

proved, and that Applioation 18248 be, and it iso approved t%n par%,

su$jso’c; to V@df;wi ri aad $0 ;t;h@ %%mi$kl~$ezw I?%& csondi$ioae 0%

1;’ The maximum amount he,rein &Mod may be ~eduoed in

the XiQense i_f.inveetigation WahXSantBe

4, ‘.Permltte@ ghall allow representatives of the State

Water Rights Baird and other parties , tw may be authorized from

time tti’tlme’ by aaiid Baard, reaeonable aooeas to projeot worke to

determine oomp?iirnoe wlth the terms of this permit,

ORDER

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..,: ,-IT ‘,,’ $8 I@$ir;sY ,ORDERED that: i, / .’ ,- ::,..

,. .I;. ‘ihe ;ai;r ouqt of water to be appropriated under Applloa-

tion:l7139 o’f Qikwobd Igvehment Company shall be limited to the i.

amoqnt i&ioh’ o& be beneficially ueed and shall not exoeed 2.5

oubio feet per beoond by ddreot dlveraion to be diverted between

June 1 ,and September:30 of eaoh year for munioipal purpoees and

ohall ‘not exaeed bOQ aore-feet ,in any year,

2, Tot81 dire&t dVmreicm from Lake lbhoe under th$g

permit and wder any other right, %f any, that perm$ttee mesy ‘_

have for u'ble on ghs @laoe of ueaa hereby authorii8ed &%CLl net be

of use described in its Applicatiop 17235 and to change the place

of use as descrfbed in Application 17149, and it being found that

the proposed changes will not operate to the injury of any lawful

user of water,

IT IS HEREBY ORDERED that said petitions be, and they

are, approved; and

IT IS FURTHER ORDERED that:

1, The amount of water to be appropriated under Application

17149 shall be limited to the amount which can be beneficially used

and shall not exceed 3.0 cubic feet per second by direct diversion

to be diverted between January 1 and December 31 for municipal,

domestic, recreational, and fire protection purposes.

2. The amount of water to be appropriated under Application

17235 shall be limfted to the amount which can be beneficially used

and shall not exceed 3.0 cubic feet per second by direct diversion

to be diverted between January 1 and December 31 for municipal,

domestic, recreational, and fire protection purposes.

3. The total amount of water to be appropriated by direct

diversion under Applications 17149 and 17235 and under rights, if

any, acquired from Brockway Water Company (Oakwood Investment

Company) shall not exceed 24.0 acre-feet in any calendar month or

1,900 acre-feet fn any year.

40 Actual construction work shall begin on or before

July 1, 1~963~ and shall thereafter be prosecuted with reasonable

diligence, and Ef not so commenced and prosecuted, these permits

may be revoked,

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-5. Said ggpstruction work ehal), be oompleted on or .’

Wiore Q,ioidwr Ja 1968 q . ,. 611, qqmp&e.te gpp&ioatlon of the water to the proposed ;

uee~sl~~~l.b~ made QQ aa? before Deoember 1, 1970, I.

‘p. ?sptn~~g eh+l not be issued on Applloatips 357&9

oy J.7235 up$eee (red uptS$ the elmtop of North Tahoe Public Utlllty

Dlgtr&, qot Xat~r,‘$h~‘Ju$y II lq63, vote to approve a bond Issue

rqquif@c!. for',tm$dl l$\@xdp~~ s wetar d&strlbui+oa projeo$; irr default

of auoh aotipn, ~+#hqap+i,oation~ shaltl be oancjalsd~ .‘, .’

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ORDER

Petihim@,-Fs,ving, been piled $0 ahango the plaoe of use

as demribed in ~g@L~~~$~ons 1802&, l80$+ 18031, 18038, and 18039

of Meyera Wgtex! Qompqmy, and to ohaagg the point of diversion as

descmibed In ‘ga\d iipplipatfon 18030, and it be$ng found thst the

propis& changes hgu$d not operate to the injury of my %tawfu:l ueep

gf water,

I’&! 19 RERkjg)Y ORPZ3RED tha$ said petitiombe, and they ape,

approved?

TT I8 FU’RTH3R ORDERBD that r

1 , Tha, atnouqf; 0% wa$er appropriated under AppPioation

18021 of M~~QZVJ Water Oompany fox, dom(r~1tio gurppooe~ ehal% $0 18wlted

2. The amourit of water.appropriated under Application

18030 for domestic purposes shall be limited to the amount which

can be berWXcially used and shall not exceed 3 cubic feet per

second to be diverted from January 1 to December 31 of each year,

3. The amount of water appropriated under Application

18031 for domestic purposes shall be limited to the amount which

can be beneficially used and shall not exceed 3 cubic feet per second

to be diverted from January 1 to December 31 of each year,

4. The amount of water appropriated under Application

18038 f&r domestic purposes shall be limited to the amount which

can be beneficially used and shall not exceed 3 cubic feet per

second by direct diversion to be diverted from January 1 to

December 31 of each year and 200 acre-feet per annum by storage to

be collected between January 1 and December 31 of each year.

5, The amount of water appropriated under Applleat ion

18039 for domestic purposes shall be limited to ths amount which

can be beneficially used and shall not exceed 3 cubic feet pep

second by direct diversion to be d!.verted Born Jasnutwy ‘I $0

December 31 of each year and 200 &cm-feet per emum by stom$e to

be collected between January 1 and Deoembss? 3l 0% auk JWW,

6, The total amount of water appropriated by d$reet

diversion under Applications 18021, 18030, b8031p 18038, and l&I39

shall not .exceed 345 aor+=feet in uay s&Len&w month or 2,360 B,Q~P~I-

feet in my year,

“1. Aequal+ pgnstructioq work shall begin on qw before

July 1, $992, and ehW, Ithereafter bg proeqcuted wSth Feqsonable

dillgenpe, &z’$q If nag ~0 commenoed and prosecuted, these permits

may be ;yivoked,

‘8; Said qoq@truotlon work shall be completed on or

before December $, 196@,

.’ i:: ‘?i.., C@?@qtq: ap)$ioatlon of the yater to the propowed use ,.,. ,,. ,t.

shall’ $6 rna$e &‘:.qr.; ,\j,?forP Peaember $, 1978.

:‘, &a.‘, ~Pq%$ttoe sha$l bypass the fol$ow$n$ quantities of

wateii- irbfp the. xrV+&!J. stream bqd of the Upper Truokee Piver at

a&l 'time's: pursuant $0 pe?$lts issued on Applioations 18031, 1.8038,

and 18039i ‘, / /.

(a;,), DurQ~g ,th 9 moqths of April., May, and June, 75 oub%o

feet p?r geoond. oti the total flow of the L$trsam, whQhever $s lesse

whicrhever is Xeaef The reduot8on osrxsed by the permittee ehal% not

be greater than ,!.oub2@ feet per seoond in any BZXJ day,

fnterfepe wibth’the ucje gf t&e Pe@ePvQ$P@ Pop watG,P a%oipag@ and

reoreat$onal purpoirres,

12, Separate applications for the approval of plans

and specifications for construction of the dams shall be filed with,

and approved by, the Department of Water Resources pr”lor to com-

mencement of construction of 6ha dams dascribad under approved water

right Applications 18038 and 1803%

ORDER

IT IS HEREBY ORDERED that :

1. Ths amount of water appraprlatsd under Application

18248 of Joh.p A. Fulton for myq’bcIp@Z, purpoaea shaba ba 1fmit’gd to

the amount which can be bsnafio4ally used and shall not sxosed

0,74 c;ubic foot per 8paonq to be diverted From January 1 to

December 31 of aaeh year and ahal% not citxcsed a $&al, dlvopa2on

of 280 acre-fsst in any year,

2, Act;ual eenstrua%$on work whal-l begin in er befero

July 1, 1942, and akalb thert9t3aftar be pr@&e~u%8d wi$h rsaasna$LLe

dilfgenae, and if no% 80 oommeno~3d and grs8ese$sd, $b%8 psrme may

be revoked.

3, Said CXUM$Z%fJtiQ~ WQ,rk ah&Ll b@ fxmqm&ed QEl QP

before Dseembsr 1, 1968,

4, ~CU?l~~QtO &@liG@ti@B 02 $he W@%@r tQ @X2 @-‘Q~Q~Qd

~88 shczaa ba mad@ QB 8% kefere Deeer!%ber I? 3970,

QRDER

IT KS #ERErn OBDBrnD $a%:

a, The &nrQU$ of watar &ppFQpFiB$Bd under App~i~a%lQ~

18283 of !h.hf~ n~@~n &I$&~x! a&@~ c.mp~&ny ~QZ? h?~?&tiF pWpQLM

m&3

shall be limjted,to the amount which can be benefi.ciallg used and

shall not exceed 0.4 cubic, foot per second to be d-lverted from

January 1 to December 31 of each year and shall not exceed a total

diversion of 135 acre-feet in any year.

2. Actual construction work shall begfn on or before

July 1, 1962, and shaJl1 thereafter be prosecuted with reasonable

diligenpe, and if not so commenced and prosecuted, this permit may

be revoked. .’

3.'.'Sa_Id qonstruction work shall be completed on or before

December, L; 1968..

4. Comp&ete application of the water to the proposed

use shall be made on or before December 1, 1970.

Adopted as the decision and orders of the State Water

Rights Rqard at a meeting duly called and held at 9

California, on the. day of , 1962.

Went' Silv’erthorne, Chairman ”

Ralph J, RhGIl1, Member'

W." At Alexander, Member' o

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