Dear Editor,
This letter is in response to the column written by Cynthia
Walker published June 20 regarding Luke Brugnara’s proposal to
provide water to the city of Gilroy.
In California, there are no easy solutions to our water
problems, yet Walker tentatively embraces a proposal by Brugnara to
provide water to Gilroy from a dam on his property in the Little
Arthur Creek watershed. His proposal is grossly unrealistic and
Walker’s blind acceptance demonstrates that she does not have a
modicum of understanding regarding the complexities of water, water
law and water availability.
Buying water from Luke Brugnara a terrible idea for city and steelhead
Dear Editor,
This letter is in response to the column written by Cynthia Walker published June 20 regarding Luke Brugnara’s proposal to provide water to the city of Gilroy.
In California, there are no easy solutions to our water problems, yet Walker tentatively embraces a proposal by Brugnara to provide water to Gilroy from a dam on his property in the Little Arthur Creek watershed. His proposal is grossly unrealistic and Walker’s blind acceptance demonstrates that she does not have a modicum of understanding regarding the complexities of water, water law and water availability.
Regarding Mr. Brugnara, I suggest that readers Google his name. This will tell you what kind of person Gilroy’s elected officials are in dialogue with. He appears to be a businessman with questionable ethics and, as reported by the Dispatch, is currently under investigation by the federal government for poaching steelhead, which are a threatened species under the federal Endangered Species Act.
I am the president of Coastal Habitat Education and Environmental Restoration. Myself and dozens of hard-working volunteers from Gilroy have spent thousands of labor intensive hours to improve conditions for steelhead in Uvas Creek and its tributaries, including the Little Arthur Creek where Mr. Brugnara’s dam is located. I remember the tremendous steelhead runs in Uvas Creek when I was much younger, and I am determined to help bring these runs back to Gilroy so my children and their children can experience the same feeling of awe and elation at watching steelhead migrate into our streams to spawn as I used to feel almost 50 years ago.
The Brugnara proposal will make things significantly worse for this iconic species. I am very familiar with the conditions in Little Arthur Creek and there is not enough water in that watershed to meet the claims of Brugnara, particularly when we need it most – in summer. If Brugnara does have a legal water right – even a pre-1914 water right – it does not absolve him of other legal responsibilities such as the Public Trust Doctrine, California Fish and Game Code, or the Federal Endangered Species Act. CHEER is currently rescuing juvenile steelhead in the Little Arthur Creek above Brugnara’s dam, because the creek is going dry already.
On-stream seasonal dams such as Brugnara’s cannot be operated, however the dam owner attempts or chooses to operate it. Most seasonal dams cannot operate until June 15 (and they must typically reopen on Oct. 15). Brugnara’s dam cannot legally be closed during the winter months when there is water in the Little Arthur Creek. So, do the math Ms. Walker; the lower Little Arthur Creek is dry right now, permits to operate seasonal dams are not authorized until a time when the Little Arthur is dry – so how much water will Gilroy receive? Zero!
The Santa Clara Valley Water District, so easily and unthinkingly disparaged by Walker, has worked to improve conditions for steelhead with very specific and expertly timed flow releases from Uvas Dam, while at the same time meeting their obligations to provide water to residents.
Walker stated that she was “pleasantly surprised to see water at Silva’s Crossing.” She apparently failed to ask herself why the water was there. It’s because the SCVWD has targeted flow releases to meet two obligations: 1) aquifer recharge and 2) the Public Trust Doctrine.
Gilroy should not do business with Mr. Brugnara, his motives are suspect, but most importantly, the water he claims will save our city millions of dollars is simply not there. Drive out to Little Arthur Creek right now, look at the stream from the two lower bridges (the dam is between those bridges) and you will see no water – no water for fish and no water for Gilroy.
Herman Garcia, president, Coastal Habitat Education and Environmental Restoration (CHEER)
Illegal fireworks out of control; it’s like guerrilla warfare on the Fourth
Dear Editor,
Attached to this email letter are two photographs:
Photo 1 shows fragments of burned paper and other debris left over from high-explosives that I collected from my backyard and roof on July 5. These extremely dangerous, and very sophisticated, rockets were shot over my house from a “safe and sane” fireworks party that was held at Linnet Court just behind my house. The perpetrators were intermixed with other revelers who were setting off fireworks purchased at local fireworks stands.
Photo 2 shows the hills in front of my house. Note that dry grass and dry oak trees are only about 25 yards from the front of my house.
The city of Gilroy’s policy of allowing fireworks of any kind is “unsafe and insane.” We are the only city in the county of Santa Clara that allows such madness, and our entire city is tinder dry this time of year. What kind of foolishness is it to allow fireworks when the entire state of California is ablaze with wildfires?
Drive around our neighborhoods on the Fourth. See what is going on – dangerous and illegal fireworks everywhere. How can the cops stop this insanity when people who are shooting off increasingly sophisticated illegal fireworks and hiding among so-called “safe and sane” fireworks users?
NO FIREWORKS should be allowed in Gilroy. Then, anybody that shoots one off would be subject to arrest. Every fire marshall with an ounce of sense is against fireworks; and more and more Gilroy residents are getting fed up with the mayhem every Fourth of July.
Charities will need to find another way to raise funds. Please work with the citizens of this city of stop the sale and use of fireworks in Gilroy.
Mark van Wyk, Gilroy
