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Judge strikes down Sonoma County rules governing wells, groundwater use, siding with environmental groups

Emma Murphy, PRESS DEMOCRAT

The court decision is the latest turn in a yearslong legal fight between Sonoma County and environmental groups who contend the county is not doing enough to study and regulate heavy groundwater pumping and its impact on streams and aquatic wildlife.

Sonoma County violated state environmental law in its latest attempt to draft a controversial ordinance governing wells and groundwater use across a wide swath of the region, a Sonoma County judge has ruled.

Superior Court Judge Bradford DeMeo’s ruling throws the county’s 16-month-old rules into limbo and raises questions about how permitting for new wells may be affected for rural residents and farmers across more than 300 square miles, or nearly a fifth of the county.

The county has not outlined the immediate implications for those permit applications. A county spokesman said the ruling was still be reviewed.

The court decision is the latest turn in a yearslong legal fight between the county and environmental groups who contend heavy groundwater pumping is doing harm to streams and aquatic wildlife. The county, those groups say, must conduct deeper study of those impacts and craft stronger regulations to safeguard natural resources that belong to the public.

Read more at https://www.pressdemocrat.com/article/news/wells-sonoma-county-groundwater-environment-russian-river/

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Geyserville property owner fined for diverting, polluting streams to grow marijuana

Julie Johnson, THE PRESS DEMOCRAT

A Geyserville property owner who launched a medical cannabis farm has agreed to pay $245,000 in fines and penalties for what Sonoma County prosecutors said was improper water diversion, unpermitted grading and site work that harmed streams in the Russian River watershed.

Property owner Darryl Crawford, a Napa-based investor with experience building wine cellars, said most of the issues on the sprawling 330-acre Geysers Road property stemmed from old roads, water systems and other features built decades ago by a prior owner.

But state Fish and Wildlife officials said that unauthorized work that Crawford had done on the property, including attempts to stop sediment from flowing into streams, created additional problems. Prosecutors said also that the cultivation site was graded without a permit.

Prosecutors sued Crawford and his companies Black Mountain Developers and Cold Creek Group in an effort to get them to comply with environmental regulations and acquire the needed permits to improve the site’s roads and water systems, Deputy District Attorney Ann Gallagher White said.

“The penalties were high because the conduct was egregious and lasted for a long time,” Gallagher White said.

Read more at https://www.pressdemocrat.com/news/9460580-181/geyserville-property-owner-fined-for

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Cannabis and the environment

Heather Bailey, SONOMA WEST TIMES & NEWS

In an industry that wants to be seen as green, what are the real impacts? The answer is, no one knows for sure.

When you hear anti-cannabis groups complain about the impacts of legal cultivation, one concern that is often expressed is the impact on natural resources and the environment caused by growing cannabis. But how significant are those impacts, and what do they consist of? The answer is, it’s hard to say.

The research on impacts is limited and has been done almost exclusively on illegal grows. The fact they were illegal limited funding for research, limited what grows could be studied and creates significant questions as to whether the research findings can be predictive of the impacts from legal operations.

Sonoma County cannabis ordinances for legal cultivation have a strong environmental protection component, including pages of regulations about water and watersheds alone.

But are they enough? Research into environmental impacts of legal operations are in their infancy, so it may take time and research to determine best practices.

Read more at http://www.sonomawest.com/cannabis-and-the-environment/article_e1566fb4-a249-11e8-b62e-bfe48d93d62c.html

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How much water do Coho salmon need?

Alastair Bland, NEWS DEEPLY

For California’s endangered Coho salmon, just a trickle of water may mean survival in the small rivers and streams where the fish spend their first year, researchers found.

“Our hope is that people might be more inclined to sacrifice a little water now that they realize it’s not all that much and that it would be really meaningful for the fish,” [Obedzinski] said.

In California’s small coastal streams, where hundreds of thousands of Coho salmon once returned each year to spawn, most wild populations now barely cling to survival. Habitat loss and intensive water use have pushed them to the brink; now climate change and increasing competition for water resources could send them over the edge.

However, recent research offers some encouraging findings – that juveniles of Coho salmon, an endangered species in California, can survive in creeks where just a trickle of water remains flowing. Since Coho spend their entire first year in fresh water before heading for the sea, it’s critical that their creeks don’t dry out in the summer.

Scientist Mariska Obedzinski and three collaborators – Sarah Nossaman Pierce, a California Sea Grant Extension specialist; Gregg Horton, a principal environmental specialist at the Sonoma County Water Agency; and Matthew Deitch, an assistant professor of watershed management at the University of Florida – found that less than 1 gallon per second of flow in small streams is all it takes in some creeks to keep pools interconnected.

Read more at

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Measure C sparks debate over future of Napa County vineyards

Bill Swindell, THE PRESS DEMOCRAT

Randy Dunn was worried about the future as he walked around his vineyards Thursday morning in the Howell Mountain wine region of Napa County.

Dunn has been farming the land since 1978, when he and his wife, Lori, bought a 5-acre parcel of cabernet sauvignon vines tucked around Douglas firs more than 1,400 feet above sea level. It was a time well before “cult cab” became part of the vernacular of Napa Valley and some prized wines sold for more than $1,000 a bottle.

Things have changed in Napa, Dunn contends. There is very little room left on the valley floor, he says, pushing rich investors and wine companies into the hills to carve out the remaining land left to plant vineyards in the country’s most prized wine region.

“They don’t know a thing about wines. They hire a project manager. They hire a vineyard consultant,” Dunn grumbled about some of his neighbors. “There is still a lot left to preserve. There is an incredible amount of hillside planting. Most people don’t see it because it’s tucked away somewhere. … Enough is enough.”

Napa County residents will determine if “enough is enough” on June 5 when they vote on Measure C. The initiative would limit vineyard development on hills and mountains to provide greater protection to watersheds and oak woodlands, the latter of which covered more than 167,000 acres, or about 33 percent of the county’s overall area before last year’s wildfires.

Read more at http://www.pressdemocrat.com/business/8282347-181/measure-c-sparks-debate-over

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Walt Ranch: Water concerns arise from Napa area vineyard’s plan to fell 14,000 oaks

Alastair Bland, NEWS DEEPLY

Residents are concerned that plans to cut down 14,000 oak trees to make way for grapevines will impact groundwater, fish habitat and climate change mitigation.

In the small community of Circle Oaks, California, a few miles east of the wine-soaked Napa Valley, residents are fuming over a wealthy Texas couple’s plans to cut down 14,000 adult oak trees and replant the cleared woodland with 209 acres (85 hectares) of irrigated grapevines. The project, opponents warn, will destroy fish and wildlife habitat, reduce the environment’s resilience to climate change, and drain groundwater reserves.
“They’re going to be using about two times the water our community uses,” says Ron Tamarisk, who has lived in the small town of Circle Oaks with his wife, Nancy, since the 1960s. Tamarisk says the community’s wells have never run dry before, but locals are concerned the proposed vineyard will deplete their supply.
“This is going to dewater Milliken Creek,” says Chris Malan, who lives in a rural unincorporated area just east of the city of Napa and very close to the project site. She is referring to a stream that feeds Milliken Reservoir, from which the city of Napa receives water.
The couple behind the project, Craig Hall and Kathryn Walt Hall, are already well established in the local wine industry. Craig Hall, who has led a career in Texas as a real estate developer, told Dallas News in 2014 that he expected to sell as much as $50 million in wines in 2015, mainly through the couple’s Hall and Walt wine labels. Now, he and his wife’s new project, first introduced in 2006, is on the verge of becoming reality. The proposal to expand their Walt Ranch vineyard was approved in December by Napa County’s board of supervisors.
Locals are outraged by the county’s lenience toward the wine industry in general, which many sources claim exerts political influence over county decision making.
“If this project goes through, it establishes a precedent that a rich newcomer can come in and get their way,” says Randy Dunn, a resident of the small town of Angwin, in the hills northeast of Napa. Dunn is also a winemaker. He grows 35 acres of grapes, mostly cabernet, and says he felled a single oak tree to plant his current vines in the mid-1990s.
The Walt Ranch developers initially planned to cut down almost 30,000 trees. They downsized the plan last year in response to general opposition and to questions about the legality of how the new vines would be irrigated. There was talk for a time of pumping in water from another watershed entirely, that of Putah Creek, a Sacramento River tributary.
Read more at: Water Concerns Arise from Napa Area Vineyard’s Plan to Fell — Water Deeply

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Extra-low summer flow in the Russian River proposed by Water Agency

Brenda Adelman, SONOMA COUNTY GAZETTE
Ready, set, go! Sonoma County Water Agency (SCWA) is off and running towards permanently lowering minimum Russian River summer flows forever. Once this occurs, the risk of water quality degradation that includes increased algae and possibly toxic algae, is a virtual certainty, along with all the other problems that entails. The river now suffers from excessive temperatures and excessive phosphorus and the only condition holding algae somewhat in check is summer flows.
Yet the Biological Opinion requires minimum flows in the lower river to be cut by as much as 50% between May 15th and October 15th. Minimum summer flows at Hacienda were historically set at 125 cubic feet per second (cfs); the proposed change can bring that down as low as 60 cfs.
Not only is algae likely to increase at that level, but any other unmonitored and unregulated toxins in the river can become more concentrated and also provide greater risk.
Biological Opinion set the stage…
The Biological Opinion was released by National Marine Fisheries Service (NMFS) in 2008. It described Russian River habitat changes needed to compensate for possible degradation caused by Sonoma County Water Agency’s water supply operations from their two dams and reservoirs (Lake Mendocino and Lake Sonoma) and other operations.
Two salmonid fish species had been named in the late 1990’s as threatened (Chinook and steelhead), a third as endangered (coho), and as a result, the Endangered Species Act kicked in and the Biological Opinion is Federal Law. To our knowledge, it never considered other laws, such as the Clean Water Act, that govern water quality.
The Biological Opinion was never released for public input and response, nor addressed project impacts on the lower river between Dry Creek confluence and Duncans Mills. It was a result of a multi-year consultation between The Army Corps of Engineers (ACOE), the Sonoma County Water Agency (SCWA), California Fish and Wildlife, and National Marine Fisheries Service (NMFS). It was released and no changes were possible. We assume that any impacts addressed in this document will be mitigated without significant change to required flow reductions.
Fish Flow Project EIR…
While this current EIR by SCWA does give the opportunity for input, and comments will be responded to, and Directors (Supervisors) will ultimately decide on the adequacy of the EIR, we are not sure if there is a way to stop the project, as SCWA has virtually indicated that fulfilment of the requirements is mandatory in order to continue their operations and water sales.
Their Urban Water Management Plan states on page 1-4, “The Water Agency must implement the following general categories to avoid jeopardy and maintain the “Incidental Take Statement” provided in the Biological Opinion: Modifying minimum instream flows in the Russian River and Dry Creek.” (other items were also listed including changes to Estuary Management).
Yet, in the last seven years, SCWA attempts to implement the Estuary Project (create a fresh water lagoon for juvenile steelhead) barely succeeded once.
NMFS has failed to manage tributary flows needed by salmonids…
Rather than try to control the ever dynamic mouth of the Russian River, NMFS’s intentions may have been better served by focusing on the historical culprit for fish habitat loss, property owner draw down of summer creek flows (especially vineyards), where salmonids liked to spawn. (Many spawning creeks such as Mark West now dry up in summer.)
Instead, NMFS proposed a habitat management plan to create a fresh water lagoon in the Estuary by lowering flows throughout the lower river and establishing a channel that somehow blocks sea water from getting in and allows fresh water to slowly seep out. For seven years, the project has mostly failed, yet they are moving forward to permanent status anyway. (Conditions are seldom right to construct the channel appropriately.)
Saved water will serve new development in urban areas…
This proposal will allow more water to be stored in the reservoirs for water contractors to fulfill their general plan projections for new development. In fact, the recent 2015 Urban Water Management Plan stated that flows must be lowered or SCWA can be held responsible for takings of the fish (see above) and could lose their water rights as a result. We can’t help but wonder what consideration has been given to those laws that protect water quality.
Schedule of meetings and due dates…
Only one of the three listed species will benefit from the Estuary project (steelhead trout) and the Chinook may even suffer further decline from the lowered flows during their juvenile migration in spring (downstream) and adult migration in fall (upstream), because of higher temperatures, and excessive phosphorus. We hope many people will participate in this process.
Here’s the meeting and comment schedule: 

  • August 19th, Sonoma County Water Agency (SCWA) will release Environmental Impact Report (EIR)
  • August 24th there will be an “Open House” (information available but not a group meeting) at Monte Rio Community Center from 4-8 pm and in Cloverdale at Vets on August 22nd at same time.
  • September 13th is the big hearing before the Directors (Supervisors) in their Santa Rosa Chambers beginning at 3 pm. Please try to attend. This will probably be only opportunity to express concerns directly and give oral comments on document.

Source: Russian River Flow and Fish

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Sonoma County residents' battle with wineries is about more than water

Geoffrey Mohan, LOS ANGELES TIMES
These days, the redwood-shaded creek by Laura and Ray Waldbaum’s house is a bone-dry path of rocks and gravel, its occasional stagnant pools a somber reminder of the salmon that once thrived there.
Fewer than 500 endangered coho now wend their way from a network of such creeks to the Russian River and out to sea, and the Chinook population is barely two-thirds of what it ought to be, according to wildlife officials.
The Waldbaums and many other rural Sonoma County residents blame wine: about 60,000 acres of vineyards, 439 wineries and 221 event centers that have permission to host 2,299 dinners, concerts, weddings and other events for as many as 32,176 people, largely under the guise of agricultural promotion.
Seven years ago, so many vineyards switched on their sprinklers to protect their vines from a spring cold snap that water levels in creeks feeding the Russian River dropped several feet in a matter of hours, suffocating 25,000 fish in two counties.
So when state water regulators this summer announced emergency drought restrictions to protect salmon in some of those same watersheds, residents were shocked to find that agricultural properties faced no water cutbacks.
Simmering resentment at the rapid growth of vineyards and wineries turned to fury against an industry that has a $13.4-billion impact on the Sonoma County economy. And it appears to have spoiled the party for wineries and growers who have embarked on a highly publicized effort to be the nation’s first wine region to be certified as completely “sustainable” by 2019.
That agricultural exemption is coming to an end, even if the war is not. The State Water Resources Control Board on Wednesday began sending “informational orders” requiring growers to provide details about where they get their water, how much they use and how they apply it. Growers still won’t have to match residents’ water use cutbacks, although some have voluntarily done so.
The two-week rollout of the regulations, which also cover wells, is being closely watched by the state’s $46-billion agriculture industry, which will face similar groundwater regulation over the next few years.
Read more at: Sonoma County residents’ battle with wineries is about more than water – LA Times

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State regulators approve water restrictions to aid Sonoma County salmon streams

Guy Kovner, THE PRESS DEMOCRAT
With fish perishing in drought-diminished Sonoma County streams, state regulators said Wednesday they felt pressed to approve sweeping new limits on water use affecting thousands of rural landowners.
But farm representatives attending the State Water Resources Control Board meeting said part of the measure was regulatory overreach, while some west county residents said it didn’t go far enough. Others said the whole thing was rushed.
Water board members said they appreciated some of the complaints, but voted unanimously to establish the new restrictions affecting outdoor water use, and a requirement that all landowners submit reports starting next month that detail their use of stream and well water.

“This is a very extreme situation. There are already fish dying in the streams,” Corinne Gray, a state Department of Fish and Wildlife official, told the five-member State Water Resources Control Board. All coho salmon and steelhead trout need is a “trickle of water” between pools on the four creeks to survive the summer, she said.

The emergency regulation will apply, starting July 3, to about 10,000 landowners on 130 square miles across four watersheds: Dutch Bill and Green Valley creeks in the west county, Mark West Creek north of Santa Rosa and Mill Creek west of Healdsburg. About 13,000 properties will be covered by the rules.

Residents and businesses, including wineries, will be prohibited from using water drawn from creeks or wells for sprinkling lawns or washing cars, while irrigation of other landscaping, such as trees and plants, will be limited as it is in many cities.

Irrigation for commercial agriculture is exempt from the water conservation rules, an issue that prompted harsh criticism from several county residents attending the meeting and was acknowledged by Felicia Marcus, the water board’s chairwoman.

Read more at: State regulators approve water restrictions to aid Sonoma | The Press Democrat

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Rules to protect Russian River salmon opposed by Farm Bureau

Guy Kovner, THE PRESS DEMOCRAT

“If we’re not addressing agriculture, do we really think we can keep water in the streams?” asked Don McEnhill, executive director of Russian Riverkeeper, a conservation group founded in 1993.

Sweeping state action to protect imperiled salmon in dwindling local streams and limit water use by thousands of rural Sonoma County landowners has come under fire from two sides, including farmers who say the move is heavy handed and from a river advocate who says the proposed rules should not exempt farms.
The emergency regulation, scheduled for consideration by state water regulators Wednesday in Sacramento, would apply to about 13,000 landowners in about 130-square miles of ground across four watersheds: Dutch Bill and Green Valley creeks in the west county, Mark West Creek north of Santa Rosa and Mill Creek west of Healdsburg.

If the measure is approved by regulators, residents and businesses, including wineries, would be prohibited from using water drawn from the creeks or nearby wells for sprinkling lawns or washing cars. Only gray water — from bathtubs, showers and washing machines — or captured rainwater could be used for such purposes.

The action would also require landowners to provide — on request by state officials — details of their use of stream and well water, a dramatic step in a state where unlimited pumping of groundwater has historically been deemed an inherent property right.

Farmers see that requirement as burdensome and of questionable value.

Read more at: Rules to protect Russian River salmon opposed by | The Press Democrat