Judges demand action as Sonoma County water policy deemed a threat to public resources

Judges demand action as Sonoma County water policy deemed a threat to public resources

In a landmark decision that could change California’s water management system, a Sonoma County court has put an end to excessive groundwater extraction and called for new measures to protect rivers, fish and public resources.

The Sonoma Superior Court ruled that Sonoma County violated both the Public Trust Doctrine and the California Environmental Quality Act (CEQA) by enacting a well ordinance that inadequately protected local waterways. The court ordered the county to conduct comprehensive environmental impact assessments and implement new measures to prevent harm to streams, fish populations, and other public resources.

The California Coastkeeper Alliance (CCKA) and Russian Riverkeeper filed the lawsuit after Sonoma County passed the well ordinance in April 2023, arguing that the ordinance allows groundwater pumping without adequate environmental protections. Don McEnhill, executive director of Russian Riverkeeper, claims that excessive well pumping can significantly harm public resources such as salmon and steelhead. “We are pleased with the ruling,” McEnhill explains, emphasizing that groundwater management must be based on fact-based analysis that protects ecological health and public resources.

Many winery owners and farmers in Sonoma County rely on historic water rights to irrigate their fields, especially during droughts. These rights, often established decades or even centuries ago, grant priority access to water for “meaningful use.” But the court’s decision underscores that these rights do not override the need to protect public trust resources. The court emphasized that any water use, even under historic rights, must be sustainable and not harm public resources such as rivers and fish habitat.

The case builds on the 2018 precedent set by Environmental Law Foundation v. State Water Resources Control Boardwhere the California Court of Appeals ruled that groundwater withdrawals affecting a navigable waterway must comply with the Public Trust Doctrine. The Sonoma County case reinforces this precedent and has potential implications for groundwater management across the state.

The ruling could lead to stricter regulations on groundwater withdrawals by vineyards and agricultural operations and potentially limit water use during critical growing seasons. This could force changes in agricultural practices, increase costs and require investments in water-saving technologies. At the same time, it represents a significant victory for environmentalists seeking to preserve the ecological health of the Russian River and its tributaries.

Sean Bothwell, executive director of the California Coastkeeper Alliance, calls the court’s decision a wake-up call for all California counties and stresses the importance of evaluating the impacts of groundwater management on surface water and public resources. “We need to make sure that the pumps are not removing too much water, which will harm our rivers and the aquatic life that depends on healthy currents to survive,” argues Bothwell.

Looking ahead, Sonoma County must revise its well ordinance to fully align with CEQA and the Public Trust Doctrine. This includes conducting thorough environmental reviews before issuing new groundwater permits and ensuring that any actions taken protect the county’s water resources from overuse. McEnhill emphasizes, “As we continue to learn how to live with and adapt to a changing climate, we must be able to ensure that our limited resources are protected.”

The decision not only affects local stakeholders, but also sets a precedent for sustainable water management throughout California, particularly in regions facing similar challenges of drought and water scarcity.

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