Pioneer Press Letter: Fears for his boys' opportunities June 25, 2010

Fears for his boys' opportunities

Pioneer Press

Fort Jones, CA

June 25, 2010

To the Editor:

May 28, 2010
Office of the Governor
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814

Dear Office of the Governor,

My name is Nick Jenner. I am a 5th generation cattle rancher in Siskiyou County. I recently called your office voicing my concern over the problems that our local water right holders and diverters are having in regards to the Fish & Game and how it is enforcing the 1600 codes. Let me further add that this enforcement is being applied to our county alone; no where else in the state is the Fish & Game going after the water diverter.

Let me give you some brief history. My family, along with other water diverters, has been very pro-active in working cooperatively with Fish & Game over the last twenty years. We have put in fish screens on all diversions, have put in bank rock to help with erosion control and stabilization, and have always applied for 1600 agreements when streambed alteration was necessary. We have always tried to abide by the law.

However, now that CEQA and CESA are part of the equation, due to the listing of the Coho salmon, the cost of obtaining 1600 agreements has gone from $220 per diversion, up to an estimated $12,234 to $27,275 per diversion.

This dollar figure is taken directly out of the Fish and Game letter that I have attached and highlighted for you. On our ranch we have 11 diversions total. This overall expense could reach around $200,000 dollars. The explanation behind the increase is because now there is a required EIR on every diversion.

But wait, this cost does not even include the Fish & Game's deposit that they are requiring of $1,500 to $2,500. Along with that cost is also a $2,792 EIR filing fee. And on top of that is still the $224 to $4,482 1600 notification fee. This is outrageous! We are farmers, we do not get paid to take care of the fish! That is the Fish and Game's job, and that is why they get paid my tax money to do so.

It must be understood, however, that these ditches have been in place for over 100 years; no new diversions or extractions and activity have been introduced. Therefore, the concern over NEW impacts is irrational and unreasonable. All activity has been consistent and has met all compliance regulations. We are not asking for any new or altered activity on these diversions, so why should we be subjected to such unreasonable EIR expense and burden? From our perspective, we are being asked to pay for someone to file and refile and refile paperwork. The added expense does not make any sense and is extreme.

My family's ranch simply cannot afford these expenses and many will be faced with the possibility of losing their ranches because of unreasonable costs and regulations. We are left with some grim choices:

1) Don't apply for a permit and wait to get cited or get a ticket.

2) Choose not to use our adjudicated water right, which would lead to major decreases in production, land value, and family jobs.

3) Sell off our family ranch that has been here for more than 150 years. This would even open up precious farm and ranchland to other developments. As a side note, we protect a wide variety of wildlife and waterfowl on this ranch, just as we have done for 140 years.

At a local meeting earlier this year, a Mr. Mark Stouffer, who works for F&G, made the comment that "Nobody is above me but the Governor". So I felt that I must go directly to Sacramento to try and receive some help and explanation regarding the circumstances that we are going through. I am pleading my case along with that of many other farmers and ranchers: the expense to abide by the law is too much, unreasonable and unsustainable, and there must be an alternative given so that we continue to farm and ranch and raise the food that this country needs.

I hope that this letter is seen by the Governor, and that it is taken seriously and with compassion. I have two boys of my own that I hope may have the same opportunities that I have had, but I fear that they might not get that chance.

Thank you for hearing me, and I hope that you can reply with some helpful and encouraging news. The Fish and Game has threatened to use legal enforcement after the 1st of June, so time is of the essence.

Nick Jenner , Jenner Cattle Co., Inc.

The Pioneer Press was founded Nov. 16, 1972 by Gary Mortenson and was adjudicated as a newspaper of general circulation (Former USPS 970-340) by court decree No. 26666 and was originally entered as a periodical paid at Post Office of Fort Jones, CA 96032 in June of 1973 under the Act of March 3, 1887. On June 9, 2010 the Pioneer Press published its last hard-copy printed weekly edition and began distributing its news daily in a digital format on June 25, 2010. Daniel Webster purchased the Pioneer Press on July 1, 1998 and currently the 100% owner of the publication. The Pioneer Press is the legal publication for the Town of Fort Jones, City of Etna, City of Dorris, and City of Tulelake and publishes all public notices for those cities. The Pioneer Press is the successor to the Klamath Courier, Butte Valley Star, Tri-County Courier, Lost River Star, The Dorris Weekly Advocate, The Dorris Times, The Dorris Booster, The Butte Valley News, and The Butte Valley Herald.

Daniel Webster, Editor and Publisher

Cindy Roton, Advertising Account Representative

Denise Hall, Editorial/Account Administrator

PIONEER PRESS

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