Water Rights, Water Injustices – Anderson Valley Advertiser

Water Rights, Water Injustices – Anderson Valley Advertiser

Last week I posted pictures of the pathetic, sad, algae-infested Navarro River. This year the algae exploded during our first very hot heatwave in early July. The water levels are low, ugly and unhealthy. Three summers ago, during the drought, the river was clear until the rainy season. I know some algae buildup is to be expected. But in the last two years, recreational use of the river has been reduced by more than half. After the incredibly wet winters of the last two years, our river is in worse shape than ever. I showed these pictures to the community and asked if there was excessive nitrogen and phosphorus runoff from the 3 million grape vines planted in our little valley. Don’t we all have a right to the water in our community? A lively discussion ensued.

After posting pictures expressing my deep concern about the state of our river and inviting the community here in Anderson Valley to join in the discussion, I have learned a lot over the past week about surface water flow, algae, water rights, well permitting, agricultural runoff, legacy septic systems, fish-friendly agriculture, and climate change.

On Friday, the North Coast Water Board came to take samples of the algae growth and determine if bacteria are present. They stated that the cause of the excessive algae growth in the state is unknown, but that low water levels and record heat are a big factor. When asked if an old septic tank or excessive fertilizer runoff could be the cause in certain areas of the river, he said it cannot be ruled out. If the river were tested for high nitrogen now, it would show a low level because the algae are eating the nitrogen (fixates). I also learned that I could test the water myself in the spring and send it to a lab. But for now, even if the water tests positive for bacteria, it will simply be marked on a map and a warning will be posted. No further investigation will be done into the causes.

I’m still amazed that there are 3 million grape vines in the 15-mile-long Anderson Valley. According to a local winemaker, they need water for at least the second half of the summer. Let that sink in…

So what are water rights? The legal right of a user to use water from a specific source. Water rights entitle certain entities to use, sell, or divert water. From landowners to corporations. According to online comments, some (maybe 4) are grandfathered in and draw water from the river 24 hours a day. Others have commented that they must draw water from the river from May to September or face hefty fines. What the…? Who in God’s name created these rules? Can we, the public, demand an explanation from our elected officials? File a petition? At what point does a person or business become grandfathered in? Can they draw water until it runs out? Doesn’t the water belong to all of us? Are we allowed to ask for it?

Hmmmm.

These questions will probably not go down well with some people.

Others have commented that some landowners with retention ponds are illegally filling them with groundwater. I would like to see some kind of protection against this. I also trust that these things are monitored by our local authorities who take care of it. Misplaced trust?

The well permitting process involves a final decision by the local government, which reviews the application for potentially significant environmental impacts. Who is that in Mendocino County? The Mendocino County Environmental Health Department. Are they willing to share their findings and reasoning with us? There is no limit to the amount that can be taken from a well? I’m not sure. But a new state policy to restrict well water use for large users in sensitive areas may come into effect. Fingers crossed it happens and we are one of those areas.

There is an article on the AgAlert website (08/02/2023) about the North Coast Regional Water Quality Control Board working to create new monitoring and reporting requirements for nitrogen applications and removals in the Anderson Valley. “The North Coast is the last of the state’s nine regions to develop general waste disposal requirements under the state’s Irrigated Land Regulatory Program.” Oh boy! So much for the North Coast Waterboard’s opinion that runoff is not part of the river problem, this new requirement would prove otherwise.

I have also found that as a community we can actively participate in protecting our resources through several outlets: the Mendocino County Resource Conservation District, Facebook pages, the Mendocino County 5th District community page, and Valley Hub (Facebook). There is also the USDA Natural Resources Conservation Service.

Fish Friendly Farming actively raises awareness about problems such as erosion and soil loss, bank degradation and deteriorating water quality. Commentators have spoken about dryland farming.

In conclusion, I am sure I have done some things wrong and still have a lot to learn, but I see the following measures:

  1. Create awareness.
  2. Support the efforts of my local and state conservation agencies.
  3. I can test the water next spring.
  4. I can walk along the river with my camera.
  5. Learn more.
  6. Start a petition? To demand environmental studies that prove that it is environmentally friendly to plant so many vineyards in a small area?

Anyone want to swim in the Napa River?

Best regards,

Lisa Nunes

Philo

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