1 Daniel Cooper (Bar No. 153576) Drevet Hunt (Bar No. 240487) 2 LAWYERS FOR CLEAN WATER, INC. 3 1004 A O’Reilly Avenue San Francisco, California 94129 4 Phone: (415) 440-6520 Fax: (415) 440-4155 5 Email: [email protected] 6 Attorneys for Petitioner 7 SAN LUIS OBISPO COASTKEEPER 8 Margaret Hall (Bar No. 293699) Linda Krop (Bar No. 118773) 9 ENVIRONMENTAL DEFENSE CENTER 906 Garden Street 10 Santa Barbara, CA 93101 11 Phone: 805 963-1622 x107 Fax: 805 962-3152 12 Email: [email protected] Email: [email protected] 13 Attorneys for Petitioner 14 LOS PADRES FOREST WATCH 15 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA BARBARA 17 NORTHERN DIVISION 18 SAN LUIS OBISPO COASTKEEPER, a ) Case No. 19 project of Environment in the Public Interest, ) ) 20 a California non-profit corporation; and ) LOS PADRES FOREST WATCH, a ) VERIFIED PETITION FOR WRIT OF 21 California non-profit corporation, ) MANDATE ) Petitioners, 22 ) ) Code of Civil Procedure § 1085; 23 v. ) ) Fish and Game Code § 5937. 24 ) SANTA MARIA VALLEY WATER ) CONSERVATION DISTRICT, a California ) 25 ) Water Conservation District, DOES 1-10, ) 26 ) Respondents. ) 27 ) ) 28 Verified Petition for Writ of Mandate 1 I. Introduction 2 1. San Luis Obispo Coastkeeper and Los Padres ForestWatch (“Environmental Petitioners”) 3 hereby petition this Court for a Writ of Mandate pursuant to California Code of Civil Procedure Section 4 1085 compelling the Santa Maria Valley Water Conservation District (“Water District” or 5 “Respondent”) to perform its mandatory duty of operating Twitchell Dam to allow sufficient water 6 flows from Twitchell Dam into the Santa Maria River to maintain fish stocks in good condition, as 7 required by Fish and Game Code Section 5937. 8 2. Seventy years ago, the Santa Maria River had the second largest run of southern 9 California steelhead (“Steelhead”) in Santa Barbara County. However, the construction and operation of 10 Twitchell Dam on the Cuyama River, the northern tributary to the Santa Maria River, has devastated 11 historic Steelhead runs. Twitchell Dam limits the timing and quantity of flow in the mainstream of the 12 Santa Maria River, preventing juvenile Steelhead from reaching the Pacific Ocean, and ocean-dwelling 13 Steelhead from reaching Sisquoc River spawning habitat. Steelhead are now one of the most endangered 14 fish species in the United States. Restoration of flows to allow migration is central to the recovery of the 15 entire Southern California Steelhead population. 16 II. The Parties 17 A. San Luis Obispo Coastkeeper 18 3. San Luis Obispo Coastkeeper is a project of Environment in the Public Interest, 19 (collectively “Coastkeeper”), a non-profit 501(c)(3) public benefit corporation organized under the laws 20 of California. 21 4. Coastkeeper’s main office is located at 1013 Monterey Street, Suite 202 in San Luis 22 Obispo, California. 23 5. Coastkeeper’s members live and/or recreate in and around the waters in San Luis Obispo 24 and Northern Santa Barbara County, including the Santa Maria River system. Coastkeeper is the only 25 environmental watchdog dedicated solely to enforcement of water quality, watershed protection, and 26 coastal planning regulations in San Luis Obispo and northern Santa Barbara Counties. To further its 27 mission, Coastkeeper actively seeks federal and state implementation of the environmental laws. 28 Because the Santa Maria River system is one of the largest in those Counties, it is a major focus of 1 Verified Petition for Writ of Mandate 1 Coastkeeper’s work. 2 6. The interests of Coastkeeper and its members have been, are being, and will continue to 3 be adversely affected by the ongoing controversy between Coastkeeper and the Water District, and the 4 Water District’s failure to comply with the requirements of Fish and Game Code Section 5937. The 5 relief sought herein will redress the harms to Coastkeeper caused by the Water District’s failures to act. 6 Continuing commission of the omissions alleged herein will irreparably harm Coastkeeper’s members, 7 for which harm they have no plain, speedy or adequate remedy at law. 8 B. Los Padres ForestWatch 9 7. Los Padres ForestWatch (“ForestWatch”) is an independent, non-profit 501(c)(3) 10 organization working to protect wildlife, wilderness, and watersheds throughout the Los Padres National 11 Forest along California’s Central Coast. 12 8. One of ForestWatch’s core programs is to restore historic Steelhead populations in forest 13 watersheds that are currently blocked by dams or other obstructions. To that end, since 2007, 14 ForestWatch has worked to restore stream flows in the Santa Maria River so that fish can return to their 15 native spawning grounds in the Sisquoc River, deep in the San Rafael Wilderness of the Los Padres 16 National Forest. ForestWatch has also provided support to other projects that seek to remediate or 17 remove other impediments to Steelhead migration, with the overall goal of enhancing watershed health 18 for the benefit of wildlife and surrounding communities. 19 9. ForestWatch’s office is located at 16 West Mission Street, Suite V, Santa Barbara, 20 California 93101. 21 10. ForestWatch’s members live and/or recreate in and around the waters in San Luis Obispo 22 and Northern Santa Barbara County, including the Santa Maria River system. The Sisquoc River, 23 running through the San Rafael Wilderness, serves as one of the top backcountry recreation destinations 24 in the Los Padres National Forest. Forestwatch’s members enjoy backpacking, day hiking and horse 25 backing riding in the region, including near the Sisquoc River. 26 11. Given the area’s remoteness and naturalness, it is also an area that attracts scientists who 27 conduct research on invasive species, aquatic ecosystems, and the effects of wildfire and subsequent 28 2 Verified Petition for Writ of Mandate 1 regeneration of the landscape. Forestwatch’s members and volunteers have participated in several 2 projects in the Sisquoc River surveying for invasive species like tamarisk. 3 12. The interests of ForestWatch and its members have been, are being, and will continue to 4 be adversely affected by the ongoing controversy between ForestWatch and the Water District, and the 5 Water District’s failure to comply with the requirements of Fish and Game Code Section 5937. The 6 relief sought herein will redress the harms to ForestWatch caused by the Water District’s failures to act. 7 Continuing commission of the omissions alleged herein will irreparably harm ForestWatch’s members, 8 for which harm they have no plain, speedy or adequate remedy at law. 9 C. The Santa Maria Valley Water District 10 13. The Santa Maria Valley Water District is a Water Conservation District formed in 1937 11 pursuant to the California Water Code, Section 74000 et seq. See 12 http://www.sblafco.org/directory/water_santa_maria_valley.sbc. 13 14. Water Conservation Districts, including the Santa Maria Valley Water District, may sue 14 and be sued in all courts of competent jurisdiction. Cal. Water Code § 74640. 15 15. Twitchell Dam is located on the Cuyama River about six (6) miles upstream from the 16 Cuyama River’s junction with the Sisquoc River, a tributary to the Santa Maria River. Twitchell Dam 17 was completed by the Bureau of Reclamation in 1958. See https://www.usbr.gov/mp/mpr- 18 news/docs/factsheets/santa-maria.pdf. 19 16. The Water District operates Twitchell Dam. See http://smvwcd.org/Home_Page.html. 20 17. Twitchell Dam stores winter flows of the Cuyama River in Twitchell Reservoir, which is 21 then released to maximize recharge to groundwater basins and minimize flow to the Pacific Ocean. 22 Twitchell Reservoir has a capacity of 197,756 acre feet. 23 18. All water used in the Santa Maria area, including domestic and agricultural uses, is 24 obtained by pumping groundwater. See https://www.usbr.gov/mp/mpr-news/docs/factsheets/santa- 25 maria.pdf. 26 19. The true names and capacities, whether individual, corporate or otherwise, of Does 1 – 27 10, are unknown to Petitioners who therefore sue said Respondents by such fictitious names and will 28 seek leave to amend this Petition/Complaint when they have been ascertained. 3 Verified Petition for Writ of Mandate 1 III. Authenticity of Exhibits Attached 2 20. The documents accompanying this petition and supporting declarations are true and 3 correct copies of the original documents. Any materials attached to the supporting declarations were 4 either created by the declarant or were obtained in the manner described in the Declaration of Daniel 5 Cooper in support of Environmental Petitioners’ Verified Petition for Writ of Mandate (Daniel Cooper 6 Dec.), which is filed concurrently herewith. 7 21. The documents attached to the Daniel Cooper Dec. are incorporated herein by reference 8 as though fully set forth in this petition. 9 IV. Jurisdiction and Venue 10 22. This Court has jurisdiction over this action pursuant to Code of Civil Procedure Section 11 1085, as Environmental Petitioners seek to compel from the Water District “…the performance of an act 12 which the law specifically enjoins, as a duty resulting from an office, trust, or station…” Cal. Civ. Code 13 § 1085(a). 14 23. Venue is proper in this Court pursuant to Code of Civil Procedure Section 395, and Santa 15 Barbara County Local Rule 203, as Respondent Water District is a resident of the City of Santa Maria in 16 North Santa Barbara County. 17 V. Statutory Background 18 24. California Fish and Game Code Section 5937 provides: 19 The owner of any dam shall allow sufficient water at all times to 20 pass through a fishway, or in the absence of a fishway, allow 21 sufficient water to pass over, around or through the dam, to keep in 22 good condition any fish that may be planted or exist below the 23 dam.