In the coming years, CalTrout will focus on four FERC dam licenses that are up for renewal. They include Hat Creek #1 and #2, Santa Felicia Reservoir, Pit # 3, #, 4, and #5, Upper North Fork Feather River, the Middle Fork of the Stanislaus River and the Klamath River.

An evaluation process used to identify these re-licensing priorities is depicted in the table below.

Project	River	Expiration	Coldwater	Wild Trout	CalTrout	Listed	Readily		TOTAL
		Date	Fishery	Water	Project	Species	Accessible
Hat #1 & #2	Hat Creek	Sep-00	1	1	1	0	1		4
Santa Felica Reservoir	Santa Clara	Apr-04	1	0	1	1	1		4
Pit # 3, 4, and 5	Pit	Oct-03	1	0	1	0	1		3
Upper North Fork Feather	North Fork Feather	Oct-04	1	0	1	0	1		3
Stanislaus - Spring Gap	South Fork Stanislaus	Dec-04	1	1	1	0	0		3
Donnells & Beardsley	Middle Fork Stanislaus	Dec-04	1	1	0	0	1		3
Lower Tule	Middle Fork Tule	Jun-00	1	0	0	0	1		2
Vermillion Valley	Mono Creek	Aug-03	1	0	0	0	1		2
Poe	North Fork Feather	Sep-03	1	0	1	0	0		2
Tulloch	Stanislaus	Dec-04	1	0	0	0	1		2
El Dorado	South Fork American	Feb-02	1	0	0	0	0		1
First Tier Priority:
Project must have the potential for supporting native stocks of either resident or anadromous trout species.
Second Tier Priority:
Projects which affect designated Wild Trout and/or Catch-and-Release waters. Projects which affect an existing CalTrout project will be given priority over those which are not an existing project. Projects which affect listed coldwater fisheries.
Third Tier Priority:
Projects which have a minimum bypass release less then 10% of the annual discharge.
Fourth Tier Priority:
Projects that are adjacent or near public roads (within 3/4 of a mile) will be given priority over those which are remote.

The Pit #3, #4, and #5 project is located in the northeastern portion of Shasta County, approximately 60 miles east of Redding. The bodies of water included in the Pit 3/4/5 Project are Lake Britton, Pit 4 Reservoir, Pit 5 Reservoir, Tunnel Reservoir, and three sections of the Pit River: 1) the Pit 3 reach, a 6-mile section of the Pit River between Lake Britton and Pit 3 Powerhouse; 2) the Pit 4 reach, a 7.5 mile section of river between Pit 4 Reservoir and Pit 4 Powerhouse; and 3) the Pit 5 Reach, a 9-mile section of river between Pit 5 Reservoir and Pit 5 Powerhouse.

In October of 1998, Pacific Gas & Electric (PG&E) filed an application for a new license to the Federal Energy Regulatory Commission (FERC) for the operation of the Pit 3/4/5 Project. The current FERC license, No. 233, expires in 2003.

Shortly after PG&E filed for a new application the Pit River Collaborative Team (PRCT) was formed. CalTrout has been a part of this team since its inception. The team consists of FERC representatives, Pit River Tribes, representatives of state and federal agencies, representatives of non-governmental organizations, and the general public.

For the past two years PG&E has conducted biological, geomorphologic, and chemical studies of areas influenced by the operation of the Project. The results of these studies were released by the end of 2000.

At present the PRCT is in the process of developing a Goal Statement and outlining Desired Conditions. CalTrout will continue to be involved with this process. As information comes in this winter, the process of negotiating in stream flows will begin. This of course is of great importance to the health of the Pit River fishery, including the Wild Trout Area below Pit 3 Dam (Lake Britton).

On September 24, 1998, Pacific Gas and Electric (PG&E) filed an application with the Federal Energy Regulatory Commission (FERC) for a new license for the existing Hat Creek Hydroelectric Project. The project has an installed capacity of 20 megawatts and is located in Shasta County, near the town of Cassel. About 6.57 acres of the project lands are located within the boundaries of Shasta National Forest.

On August 29, 2000 FERC, in accordance with the National Environmental Policy Act of 1969, reviewed the application and prepared a Draft Environmental Assessment (DEA). The DEA analyzes the effects of continued project operations with added environmental measures. The principal issues addressed in the DEA include: 1) minimum in stream flows in the Hat Creek No. 1 and No. 2 bypass reaches, 2) erosion and sedimentation control, 3) grazing impacts, 4) operation effects on the Shasta crayfish and bald eagle, 5) recreational enhancements, and 6) operation and project-induced recreation effects on cultural resources.

California Trout's comments to FERC's DEA are below. After five years of negotiations, our main concern is the long-term protection of the Wild Trout Area located downstream of the Hat 2. Unfortunately, this area is not included within the project boundary despite being heavily influenced by the operation of the upstream project. CalTrout has requested that FERC require PG&E establish a Technical Advisory Committee for the management of the Wild Trout Area.

The next steps in the re-licensing process are for FERC to review the comments and decide whether to hold a hearing on any material issues of fact. Such a hearing is very rare in the licensing arena. If there are no disputes, FERC staff issues a final DEA. FERC staff then issues a decision on license renewal and conditions and makes these recommendations to the five FERC commissioners. The commission may reverse or revise a decision by FERC staff, or they may remand the decision to FERC staff for further analysis and a new decision. The parties that requested the rehearing may appeal the Commission's decision to the US Court of Appeals and, if still dissatisfied, to the US Supreme Court.

PG&E's current FERC license for the operation of the Hat Creek Project expired in 2000.

For the past four years the Federal Energy Regulatory Commission (FERC) has been issuing single-year licenses to Southern California Edison (Edison) for the operation of three hydropower projects on the Santa Ana River and its tributaries without regard for the impact of these projects on water quality, endangered species, native fish and wildlife and surrounding habitat as required by state and federal law. CalTrout is presently exploring legal remedies in federal court targeted at both FERC and Edison to stop these abuses.

Both FERC and Edison mistakenly believe that they are in compliance with state and federal law without supplying one drop of water to the reaches below the hydropower projects. With water available in these sections of the Santa Ana, healthy rainbow trout fisheries evolve. The Clean Water Act (CWA) requires hydroelectric projects to be certified if they leave sufficient water downstream to maintain a cold-water fishery and spawning habitat (under 68° F), and for other beneficial uses such as recreation, preservation of wildlife habitat and groundwater recharge. Instead, since June of 1999, Edison has been diverting all surface flows from the Santa Ana River #2 Reach (SAR #2 Reach) downstream from Powerhouse #1. In addition, they have diverted all of the flow from Lytle and Mill Creeks, both tributaries of the Santa Ana River. The CWA states that no license can be granted without certification, however, that is just what FERC has done.

On March 6, 1997, the U.S. Fish and Wildlife Service (Service) advised FERC that the southwestern willow flycatcher, arroyo southwestern toad and California red-legged frog are endangered species thought to be associated with the Santa Ana River below these hydropower projects. The Endangered Species Act requires that the Service be consulted on habitat management for these species before a license is issued. To this date, there has been no consultation. In addition, California Fish & Game Code requires the owner of any dam, including any dam subject to federal regulation, to allow sufficient water at all times to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam.

1987 - CalTrout re-waters Pit 3.

1995 - After 25 years, CalTrout and the Round Valley Indian Tribes force construction of a fish screen on the Eel River diversion at the Potter Valley Project.

1997 - CalTrout works with other conservation organizations to form the California Hydro Reform Coalition.

2000 - After more than three years of difficult negotiations, an agreement was made between environmental and recreational organizations, state and federal agencies and Pacific Gas and Electric.

Related Link:
FERC Policies