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Wild and Scenic Rivers. Stanislaus River Protection Act of 1974

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Wild and Scenic Rivers. Stanislaus River Protection Act of 1974 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives 2-7-1974 Wild And Scenic Rivers. Stanislaus River Protection Act Of 1974. Follow this and additional works at: http://repository.uchastings.edu/ca_ballot_inits Recommended Citation Wild And Scenic Rivers. Stanislaus River Protection Act Of 1974. California Initiative 85 (1974). http://repository.uchastings.edu/ca_ballot_inits/253 This Initiative is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Initiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. EVELLE J. YOUNGER STATE OF CALIFORNIA ATTORNEY GENERAL FJLED In the office of the hcr"Clty of Ilhl" of th' Skate of Collfornl" OFFICE OF THE ATTORNEY GENERAL irpartmrut of 3JU!ltttr 555 CAPITOL MALL. SUITE 550 SACRAMENTO 95814 February 5, 1974 Honorable Edmund G. Brown, Jr. Secretary of State 117 State Capitol Sacramento, California 95814 Re: Wild and Scenic Rivers. Initiative. Stanislaus River Protection Act of 1974 Dear Mr. Brown: Pursuant to the provisions of section 3507 of the Elec­ tions Code, you are hereby informed that on this day we mailed to Mr. Richard Sunderland, as proponent, the following title and summary: WILD AND SCENIC RIVERS. INITIATIVE. Amends Public Resources Code to designate specified portions of the main stem of the Stanislaus River as components of the California Wild and Scenic Rivers System. Prohibits construction or operation of flood control structure which would substantially diminish the public use or enjoyment of the specified portions of the river. Does not prohibit structural or nonstructura1 measures necessary for flood protection provided that such measures would adversely affect those designated portions of the river only for necessary temporary flood storage. Allows Legislature to amend measure by two thirds vote. Enclosed herewith is a declaration of mailing thereof, and a copy of the proposed measure. Very truly yours, EVELLE J. YOUNGER \.. ___ .!,-!=.torney General A~ . '. i. M. SANDERSON Deputy Attorney General JMS:PH Ene. Honorable EYelle Youngl!r Attorney General of' California 550 Capital Mall Sacramento, CA 95814 January 13, 1974 Dear General Younger, As a registered voter in California, I hereb,y request you to prepare a title and summary of the chief purpose and points of the enclosed proposed initiative measure. I have enclosed a certified check in the amount of $200, p~able to the State of California, as required by law. To the Honorable Secretary of State of California I, the undersigned, registered, qualified elector of California, resident of San Mateo County, hereby propose amendments to the Public Resources Code, relating to the Wild and Scenic Rivers Act and petition the Secretary of $tate to submit the same to the electors of California for their adoption or rejection at the next succeeding ~eneral election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed statutory amendJll8nts (rull title and text ot the measure) read as follows, An act to add new sections 5093.66, 5093.67, 5093.68, and 5093.69 to Chapter 1.4, Division 5, Public Resources Code of the state of California. THE PECPLE OF THE STATE OF CALIFORNIA DO lflIACT AS FOI.:LalS, STANISLAUS RIVER PRCYrECTION ACT OF 1974 Section 1. The people of the state of California do hereby find and declare that the stanislaus River between Camp Nine and Parrot's Ferry Bridge 1s a unique and extraordinary river resource, possessing unusual and valuable caves and geological formations, the State's most heavily used whitewater boating area, spectacular limestone cliffs, and an important trout fishery. For these reasons the State Water Resources Control Board has declared the Stanislaus River to be "a unique asset to the state and the nation". The Stanislaus River from Goodwin Dam to the junction ot the San Joaquin River is an outstanding example of a Central Valley river, possessing large expanses ot riparian habitat, valuable canoeing waters, many historical sites, and a noteworthy salmon fishery. It is one of a very fev such rivers remaining in California. page 2 Attorney General Younger and Secretary of state Brown Section 2. Sections 5093.66, 5093.67. 5093.68, and 5093.69 are added to Chapter 1.4 of DiTision 5 of the Public Resources Code, to read. 5093.66 The following rivers are hereby designated as components of the California Wild and Scenic Rivers System. lIlain stem of the stanislaus RiTer from the bridge at Camp Nine to the Parrot's Ferry Bridge, and main stem of the Stanislaus RiTer from 100 yards below Goodwin Dam to the junction of the San Joaquin River. 5093.67 Nothing in this chapter shall be construed to prohibit a~ measures for flood protection, structural or nonst~ctural, necessar,y for the protection ot lives and property along the Stanislaus River, provided, however, that the Secretary of the Resonrces Agency shall insure that such measures will adverselY affect those portions of the stanislaus River designated in section 5093.66 onlY when necessary to provide temporary flood storage. 5093.68 No flood control structure on the Stanislaus River shall be built or operated in such a manner as to substantially diminish the public use and enjo.yment of the portions or the Stanislaus River designated in section 5093.66. 5(9).69 It it deems it necessary, the legislature ~ amend sections 5093.66 to 5093.68 of this act by a two thirds vote. submitted by Richard SUnderland 705 Hemlock, apartment #2 Millbrae, California (phone 415-583-8)10) DECLARATION OF SERVICE Bl: .. _ I, Pauline Hutson, declare as follows: I am a citizen of the United States, over the age of 18 years and not a party to the within action; my place of employment and business address is: Room 500, Wells Fargo Bank Building, Fifth Street and Capitol Mall, Sacramento, California 95814 •. On February 5, 1974 , I served the attached LETTER TO THE SECRETARY OF STATE re: Wild and Scenic Rivers - Initiative by placing a true copy thereof in an envelope addressed to the persons named below at the address set out immediately below each respective name, and by sealing and depositing said envelope in the United States Mail at Sacramento, California, with postage thereqn fully prepaid. There is delivery service by United States Mail at each of the places so addressed, or there is regular communication by mail between the place of mailing and each of the places so addressed: . Richard Sunderland 705 Hemlock, Apt. 412 Millbrae, CAv I declare under penalty of perjury that the foregoing is true and correct. Executed on February 5, 1974 , at Sacramento, California 95814. /s/ Pauline Hutson Declarant Office of the Secretary of State 111 Capitol Mall Edmund G. Brown Jr. Sacramento, California 95814 (916) 445-6371 Febxum:y 5, 1974 TO THE REGISTRARS OF vorERS AND CXX1Nl'Y CLERKS: Pursuant to Section 3507 of the Elections Code, there is transmitted here­ with a copy of the Title and Sumnary prepared by the Attorney General on a proposed Initiative Measure entitled: Wild and Scenic Rivers. Initiative. Stanislaus River Protection Act of 1974 Circulating and Filing Schedule: 1. Mininum number of signatures r~red . .325,504 Calstitution rv, 22 (b) • 2. Official SunItmy Date • • • • . .2/5/74 Elections Code Sectim 3507. 3. Petition Sections: a. First c:la¥ Proponent can circulate Sections for signatures ••• 2/5/74 Elections Code Section 3507. b. Proponent may file petition sections with the Registrar of voters at any tine, and at as nany tines as he wishes during the 150 day period. The Registrar of Voters must detennine within 30 days of any filing the number of qualified electors who have signed the petition. Elections Code Section 3520(a) (b). c. Each Registrar of Voters where Proponents have filed <m{ section of the petition shall transmit his Certificate to the Secretary of state. The Certificate is to shCM the number of valid signatures deteDnined as of that date. The foll.cMing are the dates on Which the Certificates nust be sent to the SecretaIy of State: Elections Code Section 3520 (c) • 60 Day •• • • 4/5/74 90 Day ••••• 5/6/74 120 Day •• . • 6/5/74 140 Day . •• 6/25/74 3. Petition Sections (Continued) d. Last day Prqx>nent can circulate am file with the County ••• 7/5/74 Elections Code Sections 3507, 3520(a). e. Last day for County to transmit Certificate as to nunber of valid signatures on Initiative Petition ••••••••••• 8/5/74 Elections Code Section 3520(c). 4. Canpaign Statements a. If the measure qualifies for the ballot: Last day for Proponent to file a Statement of Receipts and Expenditures for period ending 9/3/74 ••••••••••••9/10/74 Elections Code Section 11552 (a) • (If the Secretary of State qualified the measure for the ballot on a date other than 8/5/74, the last day is the 35th calendar day after the date the measure qualified.) b. If the measure does not qualify for the ballot: Last day for Pxoponent to file a Statement of Receipts am Expenditures for the period ending 8/2/74 ••••••••• 8/9/74 Elections Code Section 11552 (b) • 5. The Proponents of the above neasure are: Richard Sunder1am 705 Hemlock, APt. #2 Millbrae, CA .. __r.~OY'\ AlULD1 JR. Elections Assistant FA:mb NOl'E: This initiative neasure will not qualify in time for the Novenber 1974 election, if the above dates are followed. In order to qualify for the Novenber 1974 election, the above time frcme must be shortened so that the Secretary of State certifies the measure for the ballot by June 27, 1974.
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