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Sonoma County Board of Supervisors moves to appeal ruling that county’s well ordinance violated environmental law

Emma Murphy, PRESS DEMOCRAT

The Sonoma County Board of Supervisors will appeal a superior court judge’s ruling that the county violated state environmental law when revising a controversial ordinance governing wells and groundwater use.

The board’s decision is the latest evolution of the county’s yearslong legal battle with environmental advocates, which has thrown the county’s ability to issue groundwater well permits into limbo.

The county is currently issuing permits for nonemergency wells under a temporary court order pausing a separate court-ordered moratorium on well permitting.

The window for issuing permits will remain in place until the court decides whether to allow the county to continue permitting during the appeals process.

Last fall, Sonoma County Superior Court Judge Bradford DeMeo ordered the county to halt nonemergency well permitting until it can complete an environmental review of the ordinance in alignment with state law. The order was in addition to his determination that the county did not properly follow the state’s environmental review process.

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

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Court orders Sonoma County to ensure groundwater pumping doesn’t harm streams and fish

Ian James, LOS ANGELES TIMES

Every year in Sonoma County, steelhead trout and coho salmon return to spawn in creeks along the Russian River that are fed by groundwater.

Environmental advocates have long urged the county to adopt measures that would prevent groundwater pumping and well drilling from drying up these streams and damaging vital fish habitat.

Now, a Sonoma County Superior Court judge has sided with environmental groups, ruling that the county violated state law and failed to meet its obligations to protect so-called public trust resources when officials adopted rules for wells under an amended local ordinance.

“We have long known that excessive well pumping can harm our public trust resources, such as salmon and steelhead,” says Don McEnhill, executive director of the nonprofit group Russian Riverkeeper. “We’re seeing major degradation in habitat.”

Read more at https://www.latimes.com/environment/story/2024-09-02/court-ruling-could-limit-sonoma-groundwater-pumping

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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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Sonoma County Board of Supervisors approves temporary halt in new wells

Emma Murphy, THE PRESS DEMOCRAT

Supervisor James Gore, whose north county district includes some of the county’s most prolific wine grape growing areas, voted against the moratorium.

The Sonoma County Board of Supervisors has imposed a six-month halt in all new wells countywide, a far-reaching move likely to impact residential and commercial property owners seeking to tap groundwater amid a historic drought.

The immediate drilling moratorium, which offers only a narrow exemption for emergency water needs, is meant to give the county more time to draw up a new set of well regulations aimed to safeguard surface and subsurface flows in the county’s major watersheds.

A 2021 lawsuit by the environmental group California Coastkeeper Alliance spurred the work toward new regulations, and the Board of Supervisors was scheduled to vote on the new rules Tuesday.

Instead, after hours of deliberation over a proposed well ordinance that would have established new requirements reflecting updated state policy for well permit applicants, the board voted 4-1 to impose a moratorium, seeking to buy time for additional work.

Supervisors cited concerns including the potential impact the ordinance would have on agricultural users, and potential legal ramifications connected to California’s environmental quality laws. The new regulations could affect any wells countywide that come under a new application or are up for renewal.

Read more at https://www.pressdemocrat.com/article/news/sonoma-county-board-of-supervises-approves-temporary-halt-in-new-wells/

Posted on Categories Agriculture/Food System, WaterTags , ,

Thieves are stealing California’s scarce water. Where’s it going? Illegal marijuana farms

Julie Cart, CALMATTERS

In Mendocino County, the thefts from rivers and streams are compromising already depleted Russian River waterways. In one water district there, thefts from hydrants could compromise a limited water supply for fighting fires, which is why they have put locks on hydrants.

One day last spring, water pressure in pipelines suddenly crashed In the Antelope Valley, setting off alarms. Demand had inexplicably spiked, swelling to three and half times normal. Water mains broke open, and storage tanks were drawn down to dangerous levels.

The emergency was so dire in the water-stressed desert area of Hi Vista, between Los Angeles and Mojave, that county health officials considered ordering residents to boil their tap water before drinking it.

“We said, ‘Holy cow, what’s happening?’” said Anish Saraiya, public works deputy for Los Angeles County Supervisor Kathryn Barger.

It took a while for officials to figure out where all that water was going: Water thieves — likely working for illicit marijuana operations — had pulled water from remote filling stations and tapped into fire hydrants, improperly shutting off valves and triggering a chain reaction that threatened the water supply of nearly 300 homes.

Read more at https://calmatters.org/environment/2021/07/illegal-marijuana-growers-steal-california-water/

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Trump removes pollution controls on streams and wetlands

Coral Davenport, THE NEW YORK TIMES

The Trump administration on Thursday finalized a rule to strip away environmental protections for streams, wetlands and groundwater, handing a victory to farmers, fossil fuel producers and real estate developers who said Obama-era rules had shackled them with onerous and unnecessary burdens.

From Day 1 of his administration, President Trump vowed to repeal President Barack Obama’s “Waters of the United States” regulation, which had frustrated rural landowners. His new rule, which will be implemented in about 60 days, is the latest step in the Trump administration’s push to repeal or weaken nearly 100 environmental rules and laws, loosening or eliminating rules on climate change, clean air, chemical pollution, coal mining, oil drilling and endangered species protections.

Although Mr. Trump frequently speaks of his desire for the United States to have “crystal-clean water,” he has called his predecessor’s signature clean-water regulation “horrible,” “destructive” and “one of the worst examples of federal” overreach.

“I terminated one of the most ridiculous regulations of all: the last administration’s disastrous Waters of the United States rule,” he told the American Farm Bureau Federation’s annual convention in Texas on Sunday, to rousing applause.

“That was a rule that basically took your property away from you,” added Mr. Trump, whose real estate holdings include more than a dozen golf courses. (Golf course developers were among the key opponents of the Obama rule and key backers of the new one.)

His administration had completed the first step of its demise in September with the rule’s repeal.

Mr. Trump’s replacement, called the “Navigable Waters Protection Rule,” finishes the process. It not only rolls back key portions of the 2015 rule that had guaranteed protections under the 1972 Clean Water Act to certain wetlands and streams that run intermittently or run temporarily underground, but also relieves landowners of the need to seek permits that the Environmental Protection Agency had considered on a case-by-case basis before the Obama rule.

Read more at https://www.nytimes.com/2020/01/22/climate/trump-environment-water.html?searchResultPosition=2

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Fire retardant use explodes as worries about water, wildlife grow

Matt Weiser, KQED SCIENCE

In 2014, scientists at the National Marine Fisheries Service published a study showing that two fire-retardant formulations are deadly to Chinook salmon, even when heavily diluted in streams.

Chemical fire retardants are considered a vital wildland firefighting tool, helping to slow the spread of flames while ground crews move into position. But as their use increases, the harmful side effects of these chemicals are coming under increasing scrutiny.
The chemicals, usually dropped from low-flying aircraft, largely consist of ammonia compounds, which are known toxins to fish and other aquatic life. Studies have shown retardants can kill fish, alter soil chemistry, feed harmful algae blooms and even encourage the spread of invasive plants. Yet there is little regulation of their use, and no safer alternatives on the market.
In California, state firefighting crews have applied 15.3 million gallons of chemical fire retardants so far this year, according to data provided by CalFire, the state’s wildland firefighting agency. That’s a new record, and double the amount used just three years ago.
CalFire applied 2.7 million gallons of retardant in a single one-week period starting October 9 – also a record. Of that amount, about 2 million gallons were used on the North Bay wildfires, which killed 43 people and burned more than 8,000 structures in October as they swept across several counties north of the San Francisco Bay Area, including Sonoma and Napa.

Read more at: Fire Retardant Use Explodes as Worries About Water, Wildlife Grow | KQED Science

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California should take lead on wetlands protections

Op-Ed: SAN FRANCISCO CHRONICLE
When the president made good on a key campaign promise Tuesday to roll back federal environmental rules on wetlands, cheers went up across farmlands. The acronym meant little to city dwellers, but the promise to “repeal WOTUS” — a staple at Trump rallies — had secured much of the rural vote for Trump. Fearing rollbacks would weaken environmental protections for a state that has led the nation in environmental protections, Democratic legislators in Sacramento preemptively introduced a suite of legislation to “preserve” California.
WOTUS, or “waters of the U.S.,” refers to a rule intended to clarify the scope of the 1972 federal Clean Water Act, which tries to keep pollutants out of drinking water and wetlands wet. The rule was developed after years of public comment and a lawsuit that went to the Supreme Court. In 2015, the Obama administration finalized the rule, which defined the extent of federal jurisdiction over small streams and tributaries.
The rule is particularly tricky to interpret in California because many streams and wetlands are ephemeral — they flow or are wet only immediately after it rains. Think arroyos in Southern California and vernal pools — seasonal ponds in small depressions with distinct plant and animal life — that dot the Central Valley.
Farmers and ranchers, of course, are not against clean water. But they object to rules that they say are impossible to interpret and that interfere with agricultural practices. The California Farm Bureau stepped in and has led the charge to roll back the rule.
The rhetoric on both sides has been escalating since long before the final rule was issued, particularly on the opposed side, after San Joaquin Valley farmer John Duarte was accused in 2012 by the U.S. Army Corps of Engineers of damaging vernal pools when he plowed to plant wheat.
To fight the promised Trump rollback, California Democrats borrowed a move straight from the playbook of Scott Pruitt, who had sued the U.S. EPA 13 times and called for its destruction before Trump named him EPA administrator. State Senate Democratic leader Kevin de León of Los Angeles has introduced Senate Bill 49, which would use existing federal environmental law as the baseline for state law “so we can preserve the state we know and love, regardless of what happens in Washington.
”The California Farm Bureau welcomed the president’s executive order Wednesday as a rollback of confusing federal rules.
The chest bumping is good political theater, but California has the power to exert its authority over wetlands. The state already uses federal environmental law as a template for state law. And federal law largely leaves authority to the state.
The state needs to invest in institutional muscle at the State Water Resources Control Board to enforce rules that protect the environment from those who would fill wetlands and dump pollutants into streams or seasonal streambeds.
Californians know the value of wetlands in flood control and wildlife habitat. We all want clean water. If these are the priority state leaders say they are, the state should step up.
Source: California should take lead on wetlands protections – San Francisco Chronicle

Posted on Categories Climate Change & Energy, WaterTags , , , , , ,

Op-Ed: Trump's Congress speech left unsaid his continued assault on our environment

Rhea Suh, THE HILL

“What kind of a country,” he asked, “will we leave our children?”

In his address to Congress and the nation on Tuesday, President Trump made sparse mention of a leading focus of his first six weeks in office — his unmitigated assault on the nation’s environment and public health.

True, Trump boasted of having worked with congressional Republicans to set mining companies free to pollute mountain streams and destroy forests, by killing the Stream Protection Rule, leaving hard hit coal communities to pay the price.

He highlighted his call to do away with two existing regulations for every new safeguard put in place, an irrational and unlawful approach that short changes the government’s ability to respond to emerging threats in a complex and changing world.

He celebrated his order to revive the Keystone XL dirty tar sands pipeline bragging that he had “cleared the way” for some of the dirtiest oil on the planet to be shipped through the breadbasket of America to be refined on our Gulf coast and shipped, mostly, overseas.

And he took pride in noting his order to sweep aside the voices of the Standing Rock Sioux and force the Dakota Access pipeline across their water sources and sacred lands.

Not great, any of that.

Trump made a fleeting plea “to promote clean air and clear water,” but he never mentioned the order he signed, just hours before, to “eliminate” the Clean Water Rule that provides needed protections for wetlands and streams that feed drinking water sources for 117 million Americans.

He steered clear of reports that he plans crippling budget cuts for the Environmental Protection Agency and to open more public land to the ravages of coal mining.

And he said nothing about his pledge to eviscerate the Clean Power Plan – the single most important measure the government has taken to fight rising seas, widening deserts, blistering heat, raging fires, withering drought and other hallmarks of climate change.

And who could blame him?

Nobody voted in November for dirty water or to put our children’s future at needless risk. Why would Trump tout an extremist agenda for which there’s little public support?

Read more at: Trump’s Congress speech left unsaid his continued assault on our environment

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Volunteers do the dirty work in Russian River flood cleanup 

Mary Callahan, THE PRESS DEMOCRAT
Several dozen volunteers, most of whom escaped flooding themselves, joined forces Sunday to help clear away litter in the aftermath of last week’s flooding on the Russian River, contributing to ongoing recovery efforts even as another series of storms lies in wait for the region.
Armed with heavy bags, trash pickers, shovels and brooms, more than 30 people spread out around downtown collecting everything from abandoned bicycle frames to mud-soaked clothing, cigarette butts to broken glass — some of it part of a layer of slippery muck deposited by the receding river. The rest of the trash was on dry land, and gathered before it could find its way to the water some other time.
Community leaders and regular folks joined the effort, organized largely by the Clean River Alliance, a volunteer group that works year round to keep trash from entering the river and making its way to the ocean.
Russian River firefighters were there too, using a fire hose to wash down an asphalt lane at the entrance to Riverkeeper Park and helping volunteers scrape away a thick coating of muddy silt the river left behind.
A few blocks away, Vira Fauss from Friends of Fife Creek, found young native plantings beneath the mud, while others busied themselves at the creek bank, retrieving a large plastic tub and a rolling suitcase among the items taken away by the flooding.
Read more at: Volunteers do the dirty work in Russian River flood cleanup | The Press Democrat –