ROGER CORYELL
THE SONOMA COUNTY GAZETTE
August 23, 2024
In a landmark decision that could change how California manages its water, a Sonoma County court has slammed the brakes on groundwater over-pumping, demanding 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 adopting a well ordinance that inadequately safeguarded local waterways. The court is ordering the county to conduct extensive environmental assessments and implement new measures to prevent harm to rivers, fish populations, and other public trust resources.
The California Coastkeeper Alliance (CCKA) and Russian Riverkeeper filed the lawsuit after Sonoma County approved the Well Ordinance in April 2023, arguing that the ordinance allowed groundwater pumping without sufficient environmental protections. Don McEnhill, Executive Director of Russian Riverkeeper, asserts that excessive well pumping can significantly harm public trust resources like salmon and steelhead. “We are pleased with the ruling,” McEnhill states, emphasizing the need for groundwater management to be based on factual analysis that protects ecological health and public resources.
Many vineyard owners and farmers in Sonoma County rely on historic water rights to irrigate their crops, especially during droughts. These rights, often established decades or even centuries ago, grant priority access to water for “beneficial use.” However, the court’s decision underscores that these rights do not override the need to protect public trust resources. The court emphasized that all water usage, even under historic rights, must be sustainable and not harm public resources like rivers and fish habitats.
The case builds on the 2018 precedent set by Environmental Law Foundation v. State Water Resources Control Board, where the California Court of Appeal ruled that groundwater extraction affecting a navigable waterway must comply with the Public Trust Doctrine. The Sonoma County case reinforces this precedent, potentially impacting groundwater management practices throughout the state.
The ruling could lead to stricter regulations on groundwater extraction for vineyard owners and farmers, potentially limiting water use during critical growing seasons. This could force changes in agricultural practices, increase costs, and require investments in water-efficient technologies. At the same time, it marks a significant victory for environmental advocates 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 counties across California, highlighting the importance of evaluating groundwater management’s impact on surface waters and public trust resources. “We must ensure that pumpers are not taking excessive water to the detriment of our rivers and the aquatic life that relies upon healthy flows for their survival,” Bothwell argues.
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 all actions taken protect the county’s water resources from over-extraction. As McEnhill points out, “As we continue to learn how to live 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 across California, especially in regions facing similar challenges with drought and water scarcity.