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Fish and Game moving forward with frost protection

Fish and Game moving forward with frost protection

Vineyard owners receive letters reminding them to comply despite court action

By JUSTINE FREDERIKSEN

Updated:   03/30/2012  PDT

Though proposed frost protection regulations have been put on hold, landowners along the Russian River received letters from the California Department of Fish and Game reminding them of their need to comply.

“Please be advised that notification for a Lake and Streambed Aleration Agreement (LSAA) pursuant to Fish and Game Code Section 1602 is required before substantially diverting water from a stream,” the letter dated March 16 states. It is signed by Scott Wilson, acting regional manager of the Bay Delta Region, and by Neil Manji, regional manager of the Northern Region.

The letter states that on Dec. 29, 2011, the State Water Resources Control Board (SWRCB) approved Frost Regulations, Title 23 section 862, requiring that “all water use for frost protection from the Russian River watershed between March 15 and May 15 must be done in accordance with a SWRCB approved Water Demand Management Program (WDMP).

“The WDMP’s purpose is to assist frost protection water users … to avoid stranding of salmonids during frost events,” the letter continues, adding that “WDMP applicants must consult with the National Marine Fisheries Service and the California Department of Fish and Game on developing the stream monitoring and risk assessment portions of the plan.”

The letter makes no mention of the fact that on Feb. 2, Mendocino County Superior Court Judge Ann Moorman granted “a stay of the enforcement of the regulation” until the case is decided at trial, which is currently scheduled for June 4.

The stay was granted after Rudy and Linda Light filed suit to stop the regulations, hiring the firm Carter, Momsen and Knight. After Light and other landowners received the letter from Fish and Game, the firm sent a letter demanding a retraction.

“You fraudulently fail to inform the recipients of your letter that regulation 862 has been stayed by order of court — it is impossible that you do not know that fact,” Attorney Jared Carter wrote, demanding that a retraction of the letter be immediately sent “to every person who received it,” and that if one is not sent, it is his intention to file an action.

A call to Fish and Game seeking comment from either Wilson or Manji was not returned Thursday.

Justine Frederiksen can be reached at udjjf@pacific.net, on Twitter @JustFrederiksen or at 468-3521.

Vineyard owners receive letters reminding them to comply despite court action

By JUSTINE FREDERIKSEN

Updated:   03/30/2012 PDT

Though proposed frost protection regulations have been put on hold, landowners along the Russian River received letters from the California Department of Fish and Game reminding them of their need to comply.

“Please be advised that notification for a Lake and Streambed Aleration Agreement (LSAA) pursuant to Fish and Game Code Section 1602 is required before substantially diverting water from a stream,” the letter dated March 16 states. It is signed by Scott Wilson, acting regional manager of the Bay Delta Region, and by Neil Manji, regional manager of the Northern Region.

The letter states that on Dec. 29, 2011, the State Water Resources Control Board (SWRCB) approved Frost Regulations, Title 23 section 862, requiring that “all water use for frost protection from the Russian River watershed between March 15 and May 15 must be done in accordance with a SWRCB approved Water Demand Management Program (WDMP).

“The WDMP’s purpose is to assist frost protection water users … to avoid stranding of salmonids during frost events,” the letter continues, adding that “WDMP applicants must consult with the National Marine Fisheries Service and the California Department of Fish and Game on developing the stream monitoring and risk assessment portions of the plan.”

The letter makes no mention of the fact that on Feb. 2, Mendocino County Superior Court Judge Ann Moorman granted “a stay of the enforcement of the regulation” until the case is decided at trial, which is currently scheduled for June 4.

The stay was granted after Rudy and Linda Light filed suit to stop the regulations, hiring the firm Carter, Momsen and Knight. After Light and other landowners received the letter from Fish and Game, the firm sent a letter demanding a retraction.

“You fraudulently fail to inform the recipients of your letter that regulation 862 has been stayed by order of court — it is impossible that you do not know that fact,” Attorney Jared Carter wrote, demanding that a retraction of the letter be immediately sent “to every person who received it,” and that if one is not sent, it is his intention to file an action.

A call to Fish and Game seeking comment from either Wilson or Manji was not returned Thursday.

Justine Frederiksen can be reached at udjjf@pacific.net, on Twitter @JustFrederiksen or at 468-3521.