Last month, the Sonoma County Superior Court ordered the County to protect its waterways from excessive groundwater pumping. This ruling is a major victory for the public and natural resources – and a big step toward keeping water flowing in the Russian River and in waters statewide.
Specifically, the Sonoma Superior Court held that the County of Sonoma failed to meet its obligations under the Public Trust Doctrine and violated the California Environmental Quality Act (CEQA) when it adopted a Well Ordinance that was not protective of Sonoma County creeks and rivers. This is the first time that the legal precedent of protecting surface flows from groundwater pumping as a public trust obligation has ever been enforced in California!
California Coastkeeper Alliance originally brought this challenge alongside Russian Riverkeeper in May 2023, following the adoption of an amended Well Ordinance by the County that was based on incomplete analysis and could not show how, or even if, any of our public trust resources would be protected from further harms caused by unrestricted groundwater pumping. In a world where we are continuously challenged to adapt to a changing climate, we are encouraged by the Court’s decision to protect Sonoma County’s limited resources and help keep waterways flowing for salmon, steelhead, and our enjoyment.
Under the Public Trust Doctrine, the County is required to consider the impacts of groundwater extraction on public trust resources and mitigate those impacts to the extent feasible. The County will now need to evaluate and adopt measures to mitigate the impacts that groundwater pumping has on the river. Importantly, the County’s analysis must be based on evidence, facts, and analysis—not assumptions and wishful thinking. The County must also disclose, analyze, and mitigate the Ordinance’s potential environmental impacts in its CEQA document.
We hope the Court’s decision will be a wake-up call for counties statewide to evaluate their own groundwater pumping standards and ensure they leave enough water flowing for our rivers and wildlife. This victory helps set in stone what we already know – that water underground and water on the surface are connected, and must be managed accordingly.
Our work is not yet done – the County may appeal the decision – but we are hopeful that the County will come back to the negotiating table and work with us to develop short-term measures to protect the river while a long-term strategy is set in place. Ultimately, CCKA’s goal is to balance the watershed so that groundwater can be utilized sustainably, that existing water rights holders get their fair share of water, and most importantly that our public resources – such as salmon – have enough water to survive. Stay tuned for more updates soon!
Executive Director Sean Bothwell leads CCKA’s initiatives to fight for swimmable, fishable, and drinkable waters for all Californians.
