Letter #9 received April 6, 2023 for the Gcid MSR and SOI

From: Ben King bking@pacgoldag.com Subject: April 6 2023 Public Agenda Packet For GCID SOI/MSR Hearing Date: April 3, 2023 at 8:58 AM To: jcorona@countyofcolusa.com, j.benoit4@icloud.com Cc: jbell@countyofcolusa.com, gponciano@cityofcolusa.com Good Morning Chair Corona and Execu2ve Director Benoit, I received the Agenda Packet for the April 6, 2023 Hearing on Friday and aFer reviewing the Agenda Packet I have the following requests: 1. Please include all the AMachments to my comments for the public record. I believe the aMachments are material and are in the public interest and also my family’s property right interest. Some of the aMachments are Maps and Excerpts from the History of Will S Green and Justus Rogers and illustrate the historical and ecological seUng much of the Sphere of Influence of GCID. Also included was documenta2on of the ecological stress and destruc2on from the opera2on of the Dam at the south eastern por2on of the Colusa Na2onal Wildlife Refuge. 2. I am also asking you to include the two aMachments to my comments which include the August 12, 1920 Deed gran2ng the easement to did the channel of the Colusa Basin Drain across the natural water way of the Colusa Trough which historically flowed across my family’s property. The County of Colusa and State of California made specific covenants as considera2on to dig the channel and I intent to take what ac2ons that may be necessary to protect our family’s property rights in these covenants that were granted in considera2on of the Easement. Please take public no2ce that we are in the process of selling the impacted property and all of our family’s property adjacent to the Easement and had the property listed for sale for approximately $ 14.5 million in April 2021. We are s2ll in this sale process and the outcome of the resolu2on rela2ng to the opera2on of the Dam relate to and are material to the worth of our property. I ask that Supervisor Corona consult with County Counsel regarding the County’s ac2on on the GCID SOI/MSR and the opera2on of the Dam since it directly related to our property interest and the damages that we may suffer. 3. I ask that any comments of GCID be made part of the Public Record and be included in the Agenda Packet. I have aMached a leMer from the State Water Resources Control Board to me regarding a CalEPA Complaint I made last summer. I have never seen this leMer before Friday when it was included in the Agenda Packet. I have asked Mr. Benoit about the custodia chain of the LeMer on Friday and perhaps he can let us know where it was obtained from and by who. I have received an email no2ce from the State Water Resources Control Board saying that my complaint was closed but I did not know on what basis as it is stated in the LeMer. You will see that I have a 30 day period to respond to the determina2on but there is NO DATE on the LeMer. I would also ask that the signature be made public since it has been blacked out. Since the signatory is signing the LeMer on behalf of the State I do not see any reasonable reason why the authorized person who signed the LeMer does not have his signature made public in this LAFCo Hearing. 4. Finally, I believe that the Resolu2ons in the Agenda Packet make false statements of Fact. I am assuming that GCID is opera2on the Dam it is my understanding the por2on of Fact. I am assuming that GCID is opera2on the Dam it is my understanding the por2on of the Dam in the channel and on the east side of the Dam is not owned by GCID nor within the boundary of GCID. The reservoir behind the dam is owned by the United States of America. I also ques2on if the boundaries of GCID on the south side of the Colusa Na2onal Wildlife have materially changed since the last MSR/SOI was accepted by the Commission. I hope to have some more informa2on of these changes in property ownership by tomorrow. FYI – I have copied Mayor Ponciano as Vice Chair and Supervisor Bell as an officer of the County of Colusa. Thank you for your 2me and considera2on Sincerely, Ben King