Silver Lake and Rush Creek: Key Waterways for Recreation, Wildlife, and the Local Economy
Silver Lake and Rush Creek are located in the Eastern Sierra Nevada Mountains which are part of the Inyo National Forest managed by the stewardship of the United States Forest Service.
The mission of the Forest Service is to sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations. See www.fs.usda.gov. See Forest Service Manual National Headquarters- Washington, D.C. Amendment 1000.2007-2 Effective date- May 04, 2007.
Although Silver Lake and Rush Creek are located within the boundaries of the United States Forest Service, there are two other California State Agencies intimately involved in the management of these State waterways for the public trust and enjoyment for generations to come: the State Lands Commission and the State Water Quality Resource Control Board, specifically, the Lahontan Region.
California State Lands Commission
In 1938, the California State Lands Commission (Commission) was created under the authority of the State Lands Act. The Commission was created as an independent body consisting of three members: the Lieutenant Governor, the State Controller, and the Governor’s Director of Finance.
The Commission manages 4 million acres of tide and submerged lands and the beds of natural navigable rivers, streams, lakes, bays, estuaries, inlets, and straits. These lands, often referred to as sovereign or public trust lands.
The Commission is tasked with ensuring that tide and submerged lands and the beds of lakes, streams and other navigable waterways are to be held in trust by the State for the benefit of the people of California. See the State Lands Commission website for more details- www.slc.ca.gov.
The Commission operates under the Public Trust Doctrine, a common law doctrine historically used to protect the public’s right to use the California waterways and water bodies for their enjoyment and use.
State Water Resource Control Board- Lahontan Region
Water Quality
The State of California has a Water Quality Control Board responsible for identifying the beneficial uses and the water quality to serve the beneficial uses for water bodies in the State. The federal Clean Water Act defines “water quality standards” to include both “designated uses (i.e., beneficial uses) and “water quality criteria” (i.e., water quality objectives).
“The State Water Resources Control Board (State Water Board) and the nine Regional Water Quality Control Boards (Regional Water Boards), collectively known as the California Water Boards (Water Boards), are dedicated to a single vision: abundant clean water for human uses and environmental protection to sustain California's future. Under the federal Clean Water Act (CWA) and the state's pioneering Porter-Cologne Water Quality Control Act, the State and Regional Water Boards have regulatory responsibility for protecting the water quality of nearly 1.6 million acres of lakes, 1.3 million acres of bays and estuaries, 211,000 miles of rivers and streams, and about 1,100 miles of exquisite California coastline.” See www.waterboards.ca.gov for more information.
The State of California Water Resources Control Board’s Mission is:
“To preserve, enhance, and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses, and to ensure proper water resource allocation and efficient use, for the benefit of present and future generations.” See www.waterboards.ca.gov for more information.
The State of California Water Resource Control Board has designated regions. The Lahontan District has oversight for Mono County water bodies.
Regional Water Quality Control Board, Lahontan Region’s Designated Beneficial Water Uses for the water resource in Rush Creek and Silver Lake. See “‘Water Quality Control Plan For The Lahontan Region’ Plan effective March 31, 995, including amendments effective August 1995 through September 22, 2021. State of California Regional Water Control Board Lahontan Region, Chapter 2. Beneficial Uses”
The Lahontan District, has designated Rush Creek and Silver Lake Beneficial Water Uses for the waters in these water bodies. The highest and best uses for Rush Creek and Silver Lake are as follows:
A Municipal Water Source;
A Freshwater Replenishment Source;
Water Contact Recreation, such as fishing, paddle boarding, kayaking, swimming, wading;
Non-water Contact Recreation, such as picnicking, hiking, boating, marine life study;
Commercial and Sports fishing;
Cold Freshwater Habitat to support cold water ecosystems including, aquatic habitats, vegetation, fish, and wildlife;
Wildlife Habitat to support preservation and enhancement of vegetation and prey species used by wildlife, such as waterfowl and birds of prey;
Spawning, Reproduction, and Development for fish and wildlife; and,
Water used for Hydroelectric Power Generation.
Sediment is a Water Quality Issue
There are many different types of measurements taken to determine the water quality of a body water such as a lake or creek. California looks at twenty different “water quality objectives” that are numerical or narrative. The State’s water quality objectives define the upper concentrations or other limits that Lahontan considers protective of beneficial uses for a body of water. See “‘Water Quality Control Plan For The Lahontan Region’ Plan effective March 31, 995, including amendments effective August 1995 through September 22, 2021. State of California Regional Water Control Board Lahontan Region, Chapter 5.1. Water Quality Standards”
Several measures of water quality measure is the sediment in a body of water including the following:
Suspended sediment load and suspended sediment discharge rate of surface waters shall not be altered in such a manner as to cause nuisance or adversely affect the water for beneficial uses;
Settleable Materials - waters shall not contain substances in concentrations that result in deposition of material that causes nuisance or that adversely affects the water for beneficial uses.
Suspended Materials- waters shall not contain suspended materials in concentrations that cause nuisance or that adversely affects the water for beneficial uses.
Local Economy Reliance on Water Recreation and Water Quality
Mono County and our local economy relies heavily on recreational tourism.
“Approximately 94 percent of Mono County is public land administered by the U.S. Forest Service, the Bureau of Land Management, the State of California, and the Los Angeles Department of Water and Power. The scenic and recreational attributes of this public land help support tourism and recreation as the major industry in the county.” Furthermore, ‘approximately 37.7 percent of all employment is directly associated with this industry. Typically, more than 1.7 million visitors stay in Mono County on average for three days, generating $601 million for the local economy and $23.7 million in local taxes. Mammoth Lakes, together with June Lake, is Mono County’s most visited destination.’ “Cited from Department of Finance Auditor Controller County of Mono Janet Dutcher, CPA, Finance Director, County of Mono, CA May 16, 2022 Letter to Board of supervisors and Citizens of Mono County, page i” and see www.mono county.ca.gov- Mono County Economic Development- Lauren Schlau Consulting- Profile of Mono Visitors and Economic Impacts of Tourism. July 2019.
The main reasons visitors flock to our area are to enjoy the outdoor activities and the beautiful natural environs. In a July 2019 report provided to Mono County by Los Angeles based Lauren Schlau Strategic Consulting, of all the outdoor activities visitors engage in 57% hike and 40% of all visitors engage in fishing as the top two activities. Fishing is an essential part of our local Mono County tax revenues.
According to Schlau, Mono County is the state’s fifth least populated county with approximately 15,000 full time residents, but nearly two million non-local visitors visit Mono County on a year round basis because of outdoor recreational activities and natural wonders. The Schlau report further explains that California residents comprise 48% of total annual visitors to the area with 28% of all visitors coming from other U.S. states and 24% international visitors.