Revive files water right complaint with SWRCB

During preparations for the CEQA lawsuit filed against the Tesoro Viejo development project Revive the San Joaquin discovered documents that contradicted the water rights nature and thus the assurance of water supply Tesoro claimed. The Tesoro FEIR relied on a USBR holding contract as the basis for their water right and assurance of water supply. Tesoro asserted that United States Bureau of Reclamation (USBR) held title to the water right requiring delivery of 5,000 a.f. to Tesoro for beneficial uses. In the documents and communications Revive discovered the USBR did not take all the water rights. The documents contradict Tesoro's claims and support the position that the landowners retained their water rights. Therefore, the Tesoro Project must comply with SWRCB requirements and file statements of use and file for change in purpose of use.

On April 18, 2009, Revive filed a formal water right complaint with the State Water Resources Control Board (SWRCB). Revive asked for the following determinations concerning the water diversion located at the end of Road 204 in Madera County at the San Joaquin River. 1) A determination as to the nature of the water right authorizing a diversion from the San Joaquin River; 2) A determination as to who owns the water right at the specific diversion point; 3) A determination as to the acreage and parcels the water right applies to and quantity of water entitled; 4) A determination that the owner of the water right must comply with California law and file Statements of Diversion and Use with the SWRCB; 5) A determination that the water rights owner must file a change in purpose of use with the SWRCB; 6) A determination as to which agency is responsible for accounting for water quantity at the diversion; and 7) Order that the responsible agency synchronize diverted water quantity with water supply flows used in San Joaquin River restoration flows.

Download the Exhibits filed with our complaint here: Water Right Complaint Exhibits