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DEPARTMENT OF FISH AND GAME 



The Department of Fish and Game is the state 

 agency charged \\ith protecting and maintaining the 

 public resources of fish and wildhfe. In carrying out 

 these responsibihties the department is guided by legis- 

 lation and Fish and Game Commission policies, all of 

 which cause the department to become involved in 

 the review of proposed water project developments 

 to analvze and evaluate their adverse and beneficial 

 effects on fish and wildlife resources. 



Federal legislation has recognized the importance of 

 fish and wildlife and has provided specific mechanics 

 for the evaluation of the effects on fish and game re- 

 sources of federal water developments and other water 

 projects coming under federal permit. Under the pro- 

 vision of this law the department reviews all Bureau 

 of Reclamation and Corps of Engineers projects and 

 applications for Federal Power Commission licenses, 

 and it has been able to prevent many of the kinds of 

 losses to fish and wildlife that frequently occurred in 

 single purpose water development projects prior to 

 its enactment. 



Legislation 



With the enactment of Public Law 566 in 1954 and 

 Public La^^- 984 in 1956, which provide financial assist- 

 ance to small watershed and small reclamation projects, 

 a large number of water projects were proposed for 

 development during the biennium. Thus far the de- 

 partment has reviewed, or is investigating, 67 applica- 

 tions under these programs. 



Chapter 2052, Statutes of 1957 (state assistance to 

 small water projects) which was passed by the Legis- 

 lature in the biennium will give further impetus to 

 water project development. The law also provides for 

 fish and game preservation and enhancement assistance 

 in project development. 



Other legislation of signficance includes the addition 

 of Section 1257 to the State Water Code. This section 

 gives clear-cut authority to the State Water Rights 

 Board to condition \\-ater permits for the protection 

 of beneficial uses of water and cites fish and wildlife 

 as one of these beneficial users of water. 



WATER PROJECT ACTIVITIES 



Following are several of the more important water 

 project activities in which the department \\'as engaged 

 during the biennium: 



State Water Rights Hearings 



Effective July 5, 1956, the office of the State Engi- 

 neer was abolished and the duties of that office per- 

 taining to the appropriation of water were vested with 

 the newly created State Water Rights Board. The 

 board is in the process of acting on a tremendous back- 

 log of applications to appropriate ^\•atcr, and expedit- 

 ing filings of many year's standing. The department 

 reviewed more than 822 applications for water rights 

 filed with the State Water Rights Board during the 



biennium and protests were filed against approximately 

 half of these applications to protect the water needs of 

 fish and wildlife. Most of these applications require a 

 field investigation to determine the effect of the pro- 

 posed water diversion on fish and game. In some cases 

 extensive negotiations between the department and the 

 applicant have been required to resolve the problem of 

 anticipated damage to fish or wildlife. Twenty unre- 

 solved cases resulted in formal hearings before the 

 State Water Rights Board. These hearings involved 

 considerable preparation and the presentation of exten- 

 sive testimony. 



Although major issues were at stake in most of these 

 hearings, those of the American and San Joaquin 

 Rivers are particularly significant. The former case 

 was heard in 1956-57 and resulted in a favorable deci- 

 sion by the board which concurred in the recom- 

 mendations of the department for protection of water 

 supplies for the fisheries resources. The Bureau of 

 Reclamation, Sacramento Municipal Water District, 

 and the department had previously agreed on the meas- 

 ures necessary to protect fish and game. 



The San Joaquin hearings have no precedent as far 

 as the department is concerned. Currently, the San 

 Joaquin River frequently goes dry between iMendota 

 and the mouth of the Merced River. The department 

 is seeking to obtain water to rehabilitate the river's 

 salmon runs, which have been decimated by almost 

 complete diversion of the entire flow of the river. 

 Major legal and economic aspects are involved. The 

 hearing was still in progress at the close of the 

 biennium. 



Applications for water rights for the proposed Ruth 

 Dam project on the Mad River in Humboldt and 

 Trinity Counties by the Humboldt Bay Municipal 

 Water District were the subject of a hearing before 

 the State Water Rights Board in June, 1958. After 

 extensive negotiations, agreement was reached with the 

 district on provisions for water releases and other 

 measures to protect the Feather River fisheries. 



In each of the above hearings, a heavy workload 

 was incurred in investigation the resources affected by 

 the applications and in preparing and presenting testi- 

 mony to protect the water needs of fish and game. 



These hearings are most important because the deci- 

 sions rendered will determine the survival of many of 

 our fish and wildlife resources for all time. 



federal Power Commission Projecf Applications 



A total of 59 applications and permits involving 53 

 separate projects, under the jurisdiction of the Federal 

 Power Commission, ^\■ere reviewed or acted upon dur- 

 ing the biennium. These projects usually involve high 

 dams, intermittent or widely fluctuating water re- 

 leases, and frequently they are barriers to anadromous 

 fisiies. Thus, they often entail extensive investigations 

 by fisheries and wildlife personnel. Recommendations 

 most often call for expensive modifications in the 



