Lake and Streambed Alteration Program (1600). Department’s Mission: The Mission of the Department...

Lake and Streambed Alteration Program (1600)

Department’s Mission:

The Mission of the Department of Fish and Game is to manage California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public.

• Section 1600 of the Fish and Game Code was established in 1961 as a measure to protect salmonids from aggregate mining, but was powerless.

• 1976 Enforcement authority was given to Section 1600

1602. (a) An entity may not substantially divert or obstruct the

natural flow of, or substantially change or use any material from the bed,

channel, or bank of, any river, stream, or lake, or deposit or dispose of debris,

waste, or other material containing crumbled, flaked, or ground pavement

where it may pass into any river,

stream, or lake,

What is a the extent of the Department’s jurisdiction?

“Bank” is defined as the slope or elevation of land that bounds the stream in a permanent or longstanding way, and that confines the stream water up to its highest level. (People v. Osborne (2004)116 Cal.App.4th 764)

One Definition—

Used by Ventura County DA’s office

Circles are for point of reference onlyCircles are for point of reference only..

2/11/98

Circles are for point of reference only.Circles are for point of reference only.

Bold yellow line indicates outer edge of water flow.

Grading activities have Grading activities have begun along the bankbegun along the bank

December 1998 – April 2000 14.37 acresDecember 1998 – April 2000 14.37 acres

April 2000 – December 2001 2.50 acres April 2000 – December 2001 2.50 acres

December 2001 – October 2002 2.83 acresDecember 2001 – October 2002 2.83 acres

Grading ActivitiesDecember 1998 – October 2002

Circles are for point of reference only.Circles are for point of reference only.

December 2001 – October 2002:December 2001 – October 2002:

Green waste and paper pulp dumped in streambed

October 2002 – April 2003:October 2002 – April 2003:

Biosolids, green waste and paper pulp dumped in streambed

Layers- Biosolids,

paper pulp and green

waste

Layers- biosolids, paper pulp and green waste

Circles are for point of reference only.Circles are for point of reference only.

Layers- green waste

Dumping ActivitiesDumping ActivitiesDecember 2001 – April 2003December 2001 – April 2003 = 9.3 acres= 9.3 acres

7/13/02

•Recent Grading activities on top

•Layers of green waste and paper pulp underneath

•Diverting the natural flow of the water

Circle is for point of reference only.Circle is for point of reference only.

Piles of Piles of green wastegreen waste

4/28/03

Circles are for point of reference only.Circles are for point of reference only.

Natural flow of water diverted Natural flow of water diverted away from nursery treesaway from nursery trees

4/28/03

Even more paper Even more paper pulp since 2002 – pulp since 2002 – layered and graded layered and graded with green wastewith green waste

Circles are for point of reference only.Circles are for point of reference only.

More green waste added More green waste added further into the riverfurther into the river

12/5/01Looking toward green circle area

Paper pulpPaper pulp

Compost pileCompost pile

Straw Straw Waste Waste

12/5/01

Water flowing through Water flowing through here, hitting paper pulphere, hitting paper pulp

Standing in the river looking upstream toward green circle area

BiosolidsBiosolids

Placing a deleterious substance where it can pass into the waters of the state is a violation of section 5650

Streambed Alteration

Violations of Fish and Game Code Section 1602

Elements of 1602 Violation

1. Defendants diverted or obstructed the natural flow (or changed the bed, bank or channel)

2. The diversion, obstruction or change was substantial

3. within the bed, banks or channel of the Santa Clara River

4. without prior notification to the Department of Fish and Game

Elements of 5650 Violation

1. Defendants deposited in, permitted to pass into, or placed where it can pass into;

2. The waters of the state

3. Any factory refuse and any substance or material deleterious to fish, plant or bird life.

• Paper pulp• Biosolids

Relief

• Final Judgment– Civil Penalties

• Permanent Injunction– Do not violate, dump into, or alter streambed.– Comply with terms of restoration plan.

Additional violations

Where can I get more information?

• www.dfg.ca.gov/habcon/1600

• 858-636-3160

• Local 1600 Environmental Scientist