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 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.4 th 764) One Definition— Used by Ventura County DA’s office

Circles are for point of reference only.

2/11/98 Circles are for point of reference only. Bold yellow line indicates outer edge of water flow. Grading activities have begun along the bank

December 1998 – April acres April 2000 – December acres December 2001 – October acres Grading Activities December 1998 – October 2002 Circles are for point of reference only.

December 2001 – October 2002: Green waste and paper pulp dumped in streambed 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. Layers- green waste Dumping Activities December 2001 – April 2003 = 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. Piles of green waste

4/28/03 Circles are for point of reference only. Natural flow of water diverted away from nursery trees

4/28/03 Even more paper pulp since 2002 – layered and graded with green waste Circles are for point of reference only. More green waste added further into the river

12/5/01 Looking toward green circle area Paper pulp Compost pile Straw Waste

12/5/01 Water flowing through here, hitting paper pulp Standing in the river looking upstream toward green circle area Biosolids 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? Local 1600 Environmental Scientist