Cal Fire Water Rights Applications for JDSF Cancelled

In 2023, EPIC and the Save Jackson Coalition, among other organizations, filed protests to water rights applications filed by Cal Fire in Jackson Demonstration State Forest (JDSF). The water rights applications would have allowed Cal Fire to directly divert a total of over 40,000 gallons of water a day from Caspar Creek stream systems, Big River tributaries, Noyo Creek tributaries, and Hare Creek for dust control on logging roads. EPIC and the Coalition argued that these applications were deficient in part because Cal Fire failed to do a full Environmental Impact Report (EIR) under the California Environmental Quality Act, and the applications violated the public trust doctrine. Cal Fire’s water rights applications would have had several negative impacts on the environment, including impacts to salmon-bearing streams by removing water from the already impaired Big River Watershed, exacerbation of drought conditions in streams, and Cal Fire’s lack of explanation as to why their proposed water use was beneficial and non-wasteful under California water law. 

Just this past month, EPIC received notice that the State Water Resources Control Board Division of Water Rights issued an order cancelling Cal Fire’s applications. The order states that the cancellations have been issued because Cal Fire failed to provide an answer to each of the protests pursuant to section 1334 of the Water Code. 

Thank you for your support in protecting fish, water, and ecosystems in JDSF!

Read the full order below:

STATE OF CALIFORNIA

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

STATE WATER RESOURCES CONTROL BOARD

DIVISION OF WATER RIGHTS

In the Matter of Water Right Applications A032122 and A033066

California Department of Forestry and Fire Protection Jackson Demonstration State Forest

ORDER CANCELING WATER RIGHT APPLICATIONS

SOURCES: 

(1) North Fork Caspar Creek, South Fork Caspar Creek, and Caspar

Creek Stream Systems tributary to the Pacific Ocean

(2) Chamberlain Creek, James Creek, and North Fork Big River Stream Systems tributary to the Big River thence the Pacific Ocean

(3) North Fork Noyo River and South Fork Noyo River Stream Systems tributary to the Noyo River thence the Pacific Ocean

(4) Hare Creek tributary to the Pacific Ocean

COUNTY: Mendocino County

WHEREAS:

1. On June 13, 2013, water right application A032122 was filed with the State Water Resources Control Board (State Water Board), Division of Water Rights (Division). The application requests the right to divert up to 5,480 gallons per day by direct diversion, with an annual limit of 1.987 acre-feet per year, from the North Fork Caspar Creek, the South Fork Caspar Creek, and the Caspar Creek stream systems.

2. On August 12, 2019, water right application A033066 was filed with the Division. The application requests the right to divert up to 35,000 gallons per day by direct diversion, with an annual limit of 21.48 acre-feet per year, from the following sources: (1) the Chamberlain Creek, James Creek, and North Fork Big River stream systems; (2) the North Fork Noyo River and the South Fork Noyo River stream systems; and (3) the Hare Creek stream system.

3. The California Department of Forestry and Fire Protection, Jackson Demonstration State Forest (applicant) is the current owner of both applications.

Applications A032122 and A033066

Page 2 of 2

4.By letters dated May 11, 2023, February 19, 2025, April 7, 2025, andMay 30, 2025, Division staff contacted the applicant to request an answer to each of the protests filed against the applications. The applicant did not provide the required answers.

5.The applicant, after due notice, has failed to provide an answer to each of the protests pursuant to section 1334 of the Water Code or to show good cause why additional time should be allowed. (Wat. Code, § 1335.)

6.Pursuant to Resolution No. 2012-0029, the State Water Board has delegated authority to the Deputy Director for Water Rights (Deputy Director) to cancel applications. (Resolution No. 2012-0029, section 4.5.2.) ResolutionNo. 2012-0029 authorizes the Deputy Director to redelegate this authority, and this authority has been so redelegated by memorandum dated April 20, 2023.

THEREFORE, IT IS ORDERED THAT APPLICATIONS A032122 AND A033066 ARE HEREBY CANCELED.

Applicant shall document any diversions made under claim of right independent of a permit, license, registration or certification issued by the State Water Board, such as diversions under riparian or pre-1914 rights. With limited exceptions, Water Code section 5101 requires that a Statement of Water Diversion and Use be filed for these diversions. Water Code section 5107 (c)(1) provides that the State Water Board may impose a civil liability of $1,000, plus $500 per day for each additional day on which the violation continues if the person fails to file a statement within 30 days after the board has called the violation to the attention of that person. These penalties are in addition to any penalties that may be imposed if the diverter does not hold a valid right or diverts in excess of what is authorized under that right.

STATE WATER RESOURCES CONTROL BOARD

Robert P. Cervantes, P.E. 

Acting Assistant Deputy Director Division of Water Rights

Dated: July 14, 2025