~} • i • t KEVIN R. HENEGHAN ~..~ PARTNER DIRECT DIAL (415) 995-5801 DIRECT FAX (415) 995-3411 E-MAIL [email protected]

August 6, 2012

Members, Ballot Simplification Committee Department of Elections City and County of 1 Dr. Carlton B. Goodlett Place, Room 48 San Francisco, CA 94102

Re: Comments on Request for Reconsideration of Approved Digest for "Water and Environment Plan"

Dear Members of the Ballot Simplification Committee:

On behalf of Save , we would like to thank each of you for your thoughtful consideration of the ballot digest at last week's hearing. We write in opposition to the request for reconsideration filed by Spreck Rosekrans and Lance Olson.

In short, we believe that the digest approved by the Ballot Simplification Committee( "BSC") correctly describes that the purpose of this measure is to develop a plan to drain the Hetch Hetchy Reservoir and we urge the BSC to reject the request for reconsideration. The request for reconsideration urges the Ballot Simplification Committee to amend the digest to use "...end the use of Hetch Hetchy Reservoir..." rather than "...drain the Hetch Hetchy Reservoir..." when discussing the two-phase plan proposed by the initiative. The BSC should not accept this invitation to use euphemistic language when plain language will suffice and should maintain the use of "drain" which clearly conveys the purpose of the initiative. It is worth pointing out that ( "RHH"), the nonprofit organization which has placed the measure on the ballot, regularly uses the term "drain" to describe the goal of RHH and its initiative. Enclosed please find printouts from the RHH website which use the term "drain," along with a snapshot of RHH's Facebook page which shows that RHH's profile picture is a copy of the front page of the San Francisco Examiner which contains the headline "Drain it!" and a picture of the Hetch Hetchy Reservoir.

Again, we urge the BSC to reject this request for reconsideration rather than adopt the Orwellian language suggested by the initiative proponents.

We look forward to discussing with you at tomorrow's meeting.

Very truly yours, --1 ~_ _. _ ___ ~ ~,

Kevin R. Heneghan Campaign Counsel for Save Hetch Hetchy

Hanson Bridgett LLP 425 Market Street, 26th Floor, San Francisco, CA 94105 ~~~~ ~'~~_~~~`~~~ ~~~~?:~~~ ~ <~~~~_ 4669841.1 Muirs March 2012 - Restore Hetch Hetchy -About Restore Hetch Hetchy Page 1 of 2

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HQME About Restore Hetch Hetchy WHO WE ARE

EVENT OVERVIEW

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ONE DAY HIKE The mission of Restore hletch Hetchy (RFiti) is to return khe Hetch Iietchy Valley in to its nakural splendor tivhile continuing to meet the water and power needs of all communities that depend on the REGISTER . In ordr-,r for this to oaur the City of San Francisco must a ree to drain the Hetch Hetchiy reservoir and reti.irn the valley tv khe control of Che . '~ ABOUT OUR GUIDES The yowl of RHH is to win approval for restoration of the valley from San Francisco voters by the end of 2012 and to secure state aid Fcderai Funding for restoration of the valley by 2014. FAQ'S

TESTIMONIALS

National Park, this remarkable ylaciai valley was described by as "one of INFO MEETINGS Situated inside Yosemite nature's rarest and most precious mount2in temples." The pristine Tuolumne River once cascaded along the SPONSdR A Hetch Hetchy Valley floor, surrounded by flowered meadows and ancient forests and, like Yosemite Valley, Hetch MARGHER Hefchy was considered one of the rnosk unigi.ie and diverse ecosystems in tYie world. Initially protected by the establishment of Yosemite National Park, (:hP city oP San Franrisca won congressional approval in 1913 to build a FUNDRAISING TIPS dam and bury this extraordinary wilderness valley under 300 feet of water, John Muir's unsuccessful efforts to prcverit the destruction of Lhe Hetch HetcYiy Valley Featured promfr~ently in the recent Ken Burns series "The MARCHERS NaCional Parks; America's Best'tdea,"

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Modern enyineering advances now afford u, the opportunity to create one of the most ambitious and exciliny c;nvirpnmental restorakion projects in human history.

A restored Hetch Hetchy Valley will result in:

• The recreation of nine miles of the wild and scenic Tuolumne River • l"he reyeneration of three square miles of extraordinary wilderness • The restoration of habitat for thousands of animal and plane species • The creation of miles of hiking trails and multiple camp grounds The development of an international "classroom" for restoration scicnCists and sYUdGnts

Under the terms of the , which auChorized the destruction of Hetch Hetchy Valley, the City of San Francisco does nok nFed federal approval to drain khe reservoir and restore the valley. However, the city charter http://muirsmarch.landingpage.doj iggy.com/pages/ index.cfm?455721500D750BOCOD7276... 8/6/2012 ,,., .. _ ... . w_ l r..... ~nup.._-..~:... het

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me Hetcn netcny reservoir is ownea ana operate~J oy the City anu County or San Read R H H'S Francisco Aulhonzed by congress m 1973, the use of the Hekh tietc~y Valley as a ga I I of I nitative water storage 1acAity ~s subject to both federal and state contras. There are three ptxnary inslrtWOns ihal can an0 snoua authorize the removal of It~e reservar He re

•The Untted Stales Congress can vote to amentl the Raker Act antl require ~ .. San ftarxisco to velum control of Ne Hetch Hetc by Valley to the Nallonal P7tk $CrvICC. S0f1 Ff8I1C5C0"5 tkJh~ t0 uSE TWh1mfIC RIV@f watCr WOUW not be attested Dy the loss of the reservar. • TAe Courts tan MO San ftantlsco In wol~UOn Of the Raker Att anNOf the Cafdwnla ConsUWUOn anA mstnxt San Francesco to remove the reserroV ~ _ :~ 1 VWI1 H¢tCfl H D ~ ~ •The people of San Francisco can vote to End attemalive storage for its water • supFNy, ar01n ibe reSCiYWr atltl velum the Netc~ HEtchy va11Cy to the conVOl Of the aATi~Mlal Pdfk SONK@ ip Or(~f iDal it C00 bC r05torNU.

Restore Hetch tietcny k ~everag~ng its grassroots support W innuence an Three decisbn makers On any green areeken0, voWnteers can De found on the street comers of San Francisco tallting mth residents about the opportunities for restoration. Atltlitionatly. Restore Hettb Helc~y ~etentry hue0 the law rum of Nogan LovMls. LLC and has tlevetoped d'bratnWSP oI Cabiomla enhronmentai anC - , constitutional SChOlars in or0er to 6Cgin to pursue a parallel IEgal strategy

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Intemn ~ Praected Modc On ja' :100% How to Get Involved Page 1 of 1

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a How to Get Involved Read RHH's Returning Hetch Hetchy Valley to the American people after nearly 100 years is a Ballot Initative bold proposal. Achieving this goal will require a broad public participation and the commitment of visionary leaders. Just as the battle to protect Hetch Hetchy Valley in Here 1913 was a pivotal moment in the national environmental conservation movement, the current battle to restore Hatch Hetchy Valley can prove to be a watershed moment in the Fledgling national environmental restoration movement. Under the terms of the Raker Act, which authorized the flooding of Hatch Hetchy Valley, the Cit of San Franci derai I drain the _reservoir an res ore e valley. However, the city charter of San Francisco will have to be amended by a simple majority of voters within San Francisco to authorize removal of the reservoir and return control of the valley to the federal government. Additionally, state, federal and private resources will need to be raised to restore the valley and cover the cost of retrofitting San Francisco's water delivery system to accommodate the transfer of storage. We can't win without your help. We need you to: 1. Coil your representative (federal, state and/or local) Public Opinion Poll Results Registered Voters 2. Make a donation of San Francisco 3. Volunteer 4. Host a house party If Rostoration Incroasos WaterlPower Rates 42°.0 Support More Articles... 43°,6 Oppose 14°,6 Undecided • Donations If Restoration Does NOT • Make a Bequest Increase WaterlPower Ratea • Follow Us Online 59%Support 31%Oppose 9 %Undecided

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Berkeley tlon-Profit vrganiza±ion The mission of Restore Hetch Hetchy~ (RHH) is to return the A Francisco ~]1 ~~5~7 ai~~.~Y Oakland Hetch Hetchy Valley in Yosemite National Park to its natural splendor — ~rohile continuing to meet H-ie vaster and po~n~er n~ N. ar:asev • Ha)~LVd~Ci

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