Each year, the creeks along the Russian River in Sonoma County witness the remarkable return of steelhead trout and coho salmon for their spawning season. These creeks are nourished by groundwater, providing a vital habitat for these majestic fish species.
For years, environmental advocates have been pushing the county to implement measures that would safeguard the streams and protect the critical fish habitat by preventing groundwater pumping and well drilling from depleting water sources.
A ruling has been made by a Sonoma County Superior Court judge in favor of environmental groups. The judge concluded that the county failed to uphold state law and fulfill its responsibilities to safeguard public trust resources when it implemented regulations for wells through a revised local ordinance.
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According to Don McEnhill, the executive director of the nonprofit group Russian Riverkeeper, it has been widely acknowledged that the excessive pumping of water poses a threat to important natural resources like salmon and steelhead. He points out that there is already significant damage to their habitat due to this issue.
Coho salmon and steelhead are both facing conservation concerns, with the former being listed as an endangered species and the latter as threatened. These two species can be found spawning in various Russian River tributaries, such as Mill, Mark West, and Green Valley creeks.
According to Sean Bothwell, executive director of California Coastkeeper Alliance, the court’s decision emphasizes the legal obligation of California counties to ensure that unregulated groundwater pumping does not lead to the depletion of streams and pose a threat to the survival of various species.
According to Bothwell, groundwater and surface water are closely interconnected and should be managed in a unified manner. He emphasized the importance of counties being proactive and taking a holistic approach to managing the water system.
According to Bothwell, the reason behind the environmental groups’ lawsuit is that Sonoma County was issuing groundwater permits without properly assessing the potential harm it could cause to the river.
In June 2021, a picturesque scene unfolded along the Russian River in Healdsburg, Calif., as an exposed gravel bar stretched along its banks.
(Brian van der Brug/Los Angeles Times)
The Los Angeles Times photographer, Brian van der Brug, captured a stunning image that perfectly encapsulates the beauty and power of nature. The photo captures a breathtaking sunset over the ocean, with vibrant hues of orange and pink painting the sky. The way the light reflects off the water creates a mesmerizing effect, almost as if the ocean is ablaze with color. The image is a reminder of the awe-inspiring wonders that can be found in the natural world, and serves as a testament to the talent and skill of the photographer.
In 2021, Coastkeeper Alliance filed a lawsuit against the county based on the public trust doctrine, which upholds the preservation of certain natural resources for the benefit of the public. This legal action resulted in a settlement in 2022, leading the county supervisors to temporarily halt the issuance of well permits and initiate efforts to amend the county’s well ordinance.
In the previous year, Sonoma County supervisors gave their approval to amendments that aim to establish a new regulatory process. According to the county’s website, these amendments take into account potential negative effects on public trust resources, including coho salmon habitat, when granting well permits.
The leaders of the environmental groups raised concerns about the measures, stating that they were inadequate and lacked proper analysis.
McEnhill highlighted another issue: the lack of mandatory installation of meters for well owners to accurately measure and report their water usage.
He described it as similar to putting a speed limit on the highway and having no police officers enforcing it. According to him, relying on trust alone has never been proven to be effective in California or any other part of the country when it comes to water management.
In June 2021, during the drought, Mill Creek, a tributary of the Russian River, experienced a minimal flow of water.
(Don McEnhill)
Rewritten: Photo Credit: Don McEnhill
Plaintiffs claimed that the county did not meet its responsibilities under the public trust doctrine and the California Environmental Quality Act (CEQA).
In his ruling on August 21st, Superior Court Judge Bradford DeMeo concurred, stating that the state is obligated to consider the public trust when making decisions that impact the waters, as established in previous cases.
According to Bothwell, it is noteworthy that this is the first instance where a California court has mandated a county to take into account public trust resources during the process of granting permits for new wells.
According to Paul Gullixson, a spokesperson for Sonoma County, county officials expressed their disappointment with the court’s ruling. Gullixson emphasized that the decision came after a thorough and comprehensive public policy-making process that took into account extensive public, scientific, and technical input. He also highlighted the county’s commitment to upholding the public trust doctrine and ensuring compliance with the California Environmental Quality Act (CEQA).
According to Gullixson, county officials are currently waiting for the final judgment in the case. Once the judgment is delivered, they will have a 60-day period to file an appeal.
According to Gullixson, the county will continue its usual practice of reviewing applications and granting permits for wells until the final decision is made. In the event that Sonoma County chooses to challenge the decision, a stay would be granted, allowing the county to continue issuing permits under the revised ordinance until the case is resolved.
The ruling implies that the county must assess the overall effects of permitting additional drilling wells, as stated by the environmental groups. Additionally, measures should be implemented to guarantee the safeguarding of creeks when authorizing new wells.
According to McEnhill, the decision should result in the implementation of science-backed restrictions on well-drilling and pumping in order to safeguard the water flow of streams crucial for the survival of fish.
“We have identified a potential solution for addressing this issue,” he stated. “Our primary objective is to ensure an adequate water supply to support the survival of salmon.”
California’s groundwater law incorporates provisions aimed at safeguarding ecosystems that rely on groundwater. However, a significant number of these ecologically sensitive areas exist beyond the confines of regulated groundwater basins. Recent scientific research has revealed that a mere 1% of the state’s groundwater-dependent ecosystems are adequately shielded by the measures implemented thus far.
According to McEnhill, this is true for Sonoma County, where the creeks that are crucial for fish habitat and are in danger, are located outside the areas that are focused on implementing measures to tackle overpumping under the Sustainable Groundwater Management Act.
The aim in Sonoma and other areas, according to Bothwell, should be to strike a balance between the needs of surface water diverters, groundwater pumpers, and the preservation of fish and ecosystems, especially during severe droughts that are becoming more severe due to climate change.
“Our main objective is to achieve a state of equilibrium in the watershed,” Bothwell expressed.
According to him, the county’s response holds significant importance. He emphasized this because the state’s groundwater law, which aims to tackle overpumping by 2040 in various regions, is progressing at a sluggish pace and is not adequately addressing the ongoing challenges faced by the Russian River watershed.
The paragraph remains unchanged.
Toward a More Sustainable California
California is taking significant steps towards achieving a more sustainable future. The state is committed to addressing environmental challenges and finding innovative solutions to protect its natural resources. With a focus on renewable energy, water conservation, and sustainable agriculture, California is leading the way in creating a greener and more sustainable society.
The state has set ambitious goals for renewable energy production, aiming to generate 100% of its electricity from clean sources by 2045. California has been investing heavily in solar and wind power, harnessing the abundant natural resources available. This commitment to renewable energy not only helps reduce greenhouse gas emissions but also creates new job opportunities and stimulates economic growth.
Water scarcity is another critical issue that California is actively addressing. The state has implemented strict regulations and conservation measures to ensure the efficient use of water resources. From promoting water-saving technologies to implementing water recycling programs, California is working towards sustainable water management. By investing in infrastructure and adopting innovative practices, the state aims to secure a reliable water supply for future generations.
Sustainable agriculture is also a top priority for California. The state is known for its agricultural productivity, but it is also aware of the environmental impact of conventional farming practices. California is promoting sustainable farming methods, such as organic farming and regenerative agriculture, which prioritize soil health and biodiversity. These practices not only reduce the use of harmful pesticides and fertilizers but also promote ecosystem resilience and protect natural habitats.
California’s commitment to sustainability goes beyond these individual efforts. The state is actively engaging with stakeholders, including businesses, communities, and environmental organizations, to develop comprehensive strategies and policies. By fostering collaboration and innovation, California aims to create a sustainable future that benefits both the environment and its residents.
As California continues to lead the way in sustainability, other states and countries can draw inspiration from its efforts. By embracing renewable energy, conserving water, and promoting sustainable agriculture, we can work towards a more sustainable and resilient future for ourselves and future generations.
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