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9/10/2002 SWRCB considers Pine Creek hydroelectric water rights permit
The deadline for filing protests concerning a water right permit for diversion of water from Morgan and Pine creeks is 4 p.m. today, September 10, 2002.

Joseph M. Keating has applied to the State Water Resources Control Board for a permit to appropriate water from the creeks. Obtaining such a permit would be a necessary step in building a hydroelectric power plant in Pine Creek Canyon. Although the Federal Energy Regulatory Commission granted a license to the project (Tungstar Project # 7267), previous incarnations of Mr. Keating's hydroelectric proposal were denied approval from the Forest Service for a number of reasons, including uncertain water rights and the operator's reluctance to provide a performance bond (see http://216.239.51.100/search?q=cache:m8Tzjp8CAL0C:www.r5.fs.fed.us/appeals/1998/fy98_0108.htm+&hl=en&ie=UTF-8).

The hydroelectric project would divert water from Morgan Creek at a rate of 40 cubic feet per second, at a maximum total annual diversion of 28,000 acre feet from Morgan Creek, and return the water to Pine Creek or to Gable Creek, a tributary of Pine Creek.

A full description of Mr. Keating's project and instructions for filing a protest or a request to extend the deadline for protests can be found at [ http://www.waterrights.ca.gov/application/AppNot/WEEK2/31265NOT.pdf ]. Further information about the history of the proposed project can be found at [http://www.ll.georgetown.edu/Fed-Ct/Circuit/dc/opinions/95-1232a.html].
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