Waiver of Comment Period

This is an uncontested matter where the decision grants the relief requested. Accordingly, pursuant to Rule 77.7 (f)(2) of the Rules, the 30-day period for public review and comment is being waived.

Findings of Fact

1. By this application, PG&E seeks authority under Pub. Util. Code § 851 to grant water rights, in the form of easements, to seven private property owners in the County, for the installation and operation of a water well on each property.

2. The seven property owners all co-signed Application 03-12-015 in support of the easements.

3. PG&E does not own the subject properties, but does own the surface and subsurface water rights.

4. The seven property owners intend to construct single homes on their respective properties. The County will not issue construction permits until the water rights easements are granted.

5. PG&E filed an Indenture on March 27, 1984 with the County Recorder describing the conditions and terms of transferring water rights to private property owners in the county. The indenture requires that any easements shall not adversely affect PG&E's electricity service to the general public and limits the number of wells to one per land parcel.

6. PG&E will receive $491 from each property owner as payment for the easement and credit any net compensation to its UGBA.

7. Each easement limits the quantity of water extracted to one acre-foot per year and the maximum pump capacity to 30 gallons per minute.

8. The County is the Lead Agency for the project under CEQA.

9. The Commission is a Responsible Agency for the project under CEQA.

10. The County certified a Final EIR for residential development of the Manton Heights Subdivision Tract No. 1523.

11. The easements requested in this application are for seven lots in Tract No. 1523 in the Manton Heights Subdivision.

12. The installation, construction, and operation of water wells for the Tract No. 1523 lots is consistent with the subdivision development approved in the EIR.

13. This is an uncontested matter. No protests or other comments were received opposing this application.

14. The proposed easements do not adversely affect the public interest.

Conclusions of Law

1. The applicant has satisfied the requirements of Pub. Util. Code § 851.

2. The applicant has satisfied the requirements of the Rules.

3. An evidentiary hearing is not required.

4. We find that the County conducted adequate CEQA review for the project activity that would likely occur from approval of this application.

5. We adopt the County's findings and find that CEQA has adequately been conducted for purposes of our approval.

6. Our approval of the transaction is not adverse to the interest or rights of the public.

ORDER

IT IS ORDERED that:

1. The request of Pacific Gas and Electric Company (PG&E) to grant water rights, in the form of easements, to the seven private property owners named and for the reasons described in this order, is approved.

2. Each grantee shall each pay PG&E the sum of $491 for granting the water rights easements.

3. The applicant and grantees shall comply with the terms and conditions of the easements.

4. The applicant and grantees shall comply with the terms and conditions for granting water rights to private property owners described in Shasta County Indenture Number 2131010295, recorded with the County Recorder on March 27, 1984, at the request of PG&E.

5. Within 30 days of issuing the grants, PG&E shall file an advice letter with this Commission noticing the completed transfer.

6. PG&E shall record the proceeds from these grants in its Utility Generation Balancing Account.

7. The 30-day comment period is waived, as this is an uncontested matter.

8. This proceeding is closed.

This order is effective today.

Dated April 22, 2004, at San Francisco, California.

MICHAEL R. PEEVEY

President

GEOFFREY F. BROWN

SUSAN P. KENNEDY

Commissioners

I will file a dissent.