Siskiyou County Comprehensive Land & Resource Management Plan February 1996 page 1 ` Siskiyou County Comprehensive Land & Resource Management Plan Siskiyou County Comprehensive Land & Resource Management Plan February 1996 page 2 ` TABLE OF CONTENTS SISKIYOU COUNTY COMPREHENSIVE LAND & RESOURCE MANAGEMENT PLAN 4 • PART I. INTRODUCTION AND STATEMENT OF PURPOSE: 4 • PART II. EXAMPLES: 5 • PART III. GENERAL PROCESSES METHODS AND GOALS OF AN ANALYSIS BY AGENCIES 6 APPENDIX 1 – REGULATIONS, JURISDICTION AND COORDINATION 11 • SISKIYOU COUNTY & THE NATIONAL ENVIRONMENTAL POLICY ACT: 12 • JOINT ENVIRONMENTAL PLANNING: 15 • THE INTERGOVERNMENTAL COOPERATION ACT: 16 • U.S. FOREST SERVICE LAND & RESOURCE PLANNING/NEPA PROCESSES: 17 • U.S. BUREAU OF LAND MANAGEMENT LAND & RESOURCE PLANNING/NEPA PROCESSES: 18 • SISKIYOU COUNTY ENVIRONMENTAL PLANNING & REVIEW: 20 • CALIFORNIA ENVIRONMENTAL QUALITY ACT: 21 • CALIFORNIA ADMINISTRATIVE ACT: 21 APPENDIX 2 – CUSTOM AND CULTURE 24 • IDENTIFICATION AND RECOGNITION OF CUSTOMS AND CULTURE: 26 • OVERVIEW AND DEFINING OF CUSTOMS AND CULTURE: 26 APPENDIX 3 – CUSTOMS AND CULTURE – MINING IN SISKIYOU COUNTY 28 APPENDIX 4 – CUSTOM AND CULTURE – AGRICULTURE SUMMARY 31 APPENDIX 5 – CUSTOMS AND CULTURE – FARMING 34 • HISTORICAL NOTES: 34 • EARLY RECLAMATION EFFORTS: 38 • HISTORICAL STATISTICS: 40 • “RIGHT TO FARM ORDINANCE”: 40 • GENERAL CONSIDERATIONS: 40 • SOIL CHARACTERISTICS: 41 • CLIMATIC CHARACTERISTICS: 42 • WATER AVAILABILITY: 43 APPENDIX 6 – CUSTOMS AND CULTURE – RANCHING AND DAIRY 51 • SISKIYOU COUNTY – HISTORICAL NOTES: 51 • HISTORICAL STATISTICS: 57 • CONSTITUTION OF THE SISKIYOU COUNTY STOCK PROTECTIVE ASSOCIATION: 62 • RANCHING TRADITIONS OF ALTA CALIFORNIA: 65 • HISTORY OF THE “PUBLIC LANDS” GRAZING SYSTEM: 67 APPENDIX 7 – CUSTOMS AND CULTURE – WATER USE 74 • HISTORY: 74 • AGRICULTURAL WATER USE: 104 • WATER USE IN GOLD MINING: 115 • WATER LAW PRINCIPLES: 123 Siskiyou County Comprehensive Land & Resource Management Plan February 1996 page 3 ` APPENDIX 8 – CUSTOMS AND CULTURE – FORESTS AND FOREST PRODUCTS 137 • ADDENDUM: 139 • REFERENCES: 143 APPENDIX 9 – CUSTOMS AND CULTURE – RECREATION AND TOURISM 144 • BACKGROUND: 144 • HIKING/CLIMBING AND RECREATIONAL SNOW ACTIVITIES: 144 • FISHING: 144 • CAMPING AND HUNTING: 145 APPENDIX 10 – CUSTOMERS AND CULTURE – TRANSPORTATION AND RIGHTS-OF-WAY 148 • BACKGROUND: 148 • DEFINITION OF A “HIGHWAY”: 150 • ABANDONMENT & STATUTE OF LIMITATIONS – FEDERAL PERSPECTIVE: 151 • HISTORIC REFERENCE TO OLD TAILS, ROADS AND RAILROADS IN SISKIYOU COUNTY: 152 END NOTES: 166 Siskiyou County Comprehensive Land & Resource Management Plan February 1996 page 4 ` Siskiyou County Comprehensive Land & Resource Management Plan Part 1. Introduction and Statement of Purpose The management and regulatory actions of federal and State agencies within Siskiyou County have a profound impact on the citizens of the county. The Constitution of the United States and the Constitution of the State of California provide for a republican form of representative government with specific limitations and separations on the governing powers of federal and State bodies of government and the executive, legislative and judicial branches therein; as in respect to one another and to the people in which sovereign power resides. The limited power of government in relationship to the individual citizen is expressed, in part, by the recognition of certain rights as inalienable by governance and the enumeration of specific guarantees of protection in regards to many others. The duly elected Board of Supervisors of the County is empowered by the citizens of Siskiyou County with administering the general law of California in respect to the “police powers” of regulation in regard to the public health, safety, welfare and morals within the territorial boundaries of the County and in accordance with a sworn duty to protect and defend the Constitution of the United States. As such, the Board of Supervisors of Siskiyou County embodies the convergence of both generally and specifically delegated authority and the political jurisdiction to represent the interests of the citizens of Siskiyou County in the administration of civil governance by all agencies affecting citizen actions as well as individual rights within the territorial boundaries of Siskiyou County. The National Environmental Policy Act and the many other federal and state laws creating agencies, as well as authorizing the agencies to manage and regulate resources, require that the agencies consult and coordinate with the County in decision making when proposing actions that have physical, social or economic impacts on the County or its citizens. In discharging its responsibilities in this regard, the Board of Supervisors of Siskiyou County recognizes various cultural populations within the boundaries of the County that are distinct from one another yet linked in identity by customs, social communities, life styles, values and institutions; and defined largely by common resources-based economic activity that warrant specific consideration in agency decision making processes. The Siskiyou County Comprehensive Land & Resource Management Plan seeks to describe these distinct cultural populations in terms of common actions, economic enterprises and uses of real and personal property as exist within the boundaries of Siskiyou County. The purpose of such description is to advise federal and state agencies of the existence of these cultural populations and the need to protect conserve and enhance the cultural and economic diversity within the County and to take no actions which diminish, or tend to diminish the political and legislative jurisdiction of the State of California or the County of Siskiyou in the civil governance of its citizens in regard to the interests of the health, safety, welfare or morals of its citizens and the general prosperity of its communities and the county as a whole. Siskiyou County Comprehensive Land & Resource Management Plan February 1996 page 5 ` Accordingly, the Board of Supervisors of the County of Siskiyou declares that it is the policy of the county to require each and every federal (see Appendix I) and state1 agency administering, managing or regulating lands or natural resources within the county to fully coordinate with the county at the initiation and throughout the planning process, whenever proposed plans, actions, regulations, restrictions or establishment of productivity levels are being considered. Furthermore, the County of Siskiyou has adopted Resolution No. 93-2-84, which provides for County participation in environmental review and coordination when federal and state agencies are proposing actions within the County which affect or may affect a wide range of County and citizen interests. Part II Examples Examples of an agency and/or regulatory entity actions or undertakings that invoke, or may invoke consideration of this plan, including, but not limited to the following: 1. Federal: Proposed National Forest Management Plans and Bureau of Land Management Plans or changes thereto, including the setting of timber harvest levels; changes in policies regarding salvage of dying and dead timber; changes in grazing fees and policies; changes in mining policies; proposed changes to tribal trust lands; changes in percentage of forest receipts to the county as in lieu payments; proposed creation of natural areas; proposed creation or designation of historic areas; proposed land exchanges; proposed purchases of private land; proposed changes in habitat requirements for endangered, threatened and sensitive species; proposed additions to wildlife areas; proposed changes to access to public lands; proposed changes in wetlands and riparian designation and management; proposed biological surveys; proposed National Parks and Monuments; proposed reallocation of water resources. 2. State Agencies: Proposed changes in regional water plans; proposed changes in wildlife habitat requirements; proposed changes in endangered, threatened and sensitive species designation; proposed changes in game and fish species designation and management; proposed changes in lists of beneficial uses of water; proposed changes in classification of navigability of streams; proposed changes in pesticide regulations; proposed changes in Forest practices regulations; proposed changes in mining and reclamation regulations; proposed changes in air quality regulations; proposed designation of wildlife preserves; proposed changes in stream discharge requirements; proposed changes in stream bed & bank alteration requirements; proposed additions to wild, scenic and recreational rivers; proposed changes in water management practices on agricultural lands; proposed land exchanges; proposed water diversions and/or well drilling for state purposes; proposed purchases of private land, proposed State Parks and Monuments; proposed reallocation and/or export of water. 1 California Environmental Quality Act; California Administrative Procedures Act and other applicable acts. Siskiyou County Comprehensive Land & Resource Management Plan February 1996 page 6 ` Part III. General Processes, Methods and Goals of an Analysis by Agencies Plans or actions by agency, inter-agency or other decision-making groups shall contain information and discussion to facilitate a coordinated planning effort between the agency and county government. Participation by the county in multi-interest planning, advisory or decision-making processes does not replace, abridge or satisfy the requirements