California court links groundwater to public trust doctrine

• Public trust doctrine extended to groundwater, requiring government protection of water resources.
• Sonoma County’s groundwater well permit ordinance struck down for lack of evidence supporting environmental protection of surface water.
• Trial court ruling emphasizes the need for substantial evidence to demonstrate protection of public trust resources.
• Agencies must consider relevant factors and quantify objectives to protect public trust resources.
• Sonoma County case sets a precedent for local governments to implement stronger measures to safeguard water resources.

September 5, 2024 — In a significant ruling by a California superior court, the public trust doctrine, which traditionally protects surface water resources, has been extended to include groundwater. The case of Russian Riverkeeper v. County of Sonoma has highlighted local governments’ responsibility to protect water resources for the public’s benefit.

The lawsuit, brought by Russian Riverkeeper and the California Coastkeeper Alliance, challenged Sonoma County’s approach to issuing new well permits. Critics argued that the county’s process lacked oversight and failed to consider the potential impacts of groundwater extraction on surface water flows.

On August 21st, Superior Court Judge Bradford Demeo delivered a landmark decision, stating that Sonoma County had violated the public trust doctrine. This ruling emphasizes the government’s responsibility to protect vital public resources, including groundwater.

The Importance of Evidence and Measurable Objectives.

The trial court’s decision underscored local governments’ need to provide substantial evidence demonstrating the protection of public trust resources. Agencies can no longer “anticipate” or “expect” ordinances to safeguard these resources. They must present concrete evidence and quantify their objectives to ensure the effectiveness of their measures.

Russian Riverkeeper Executive Director Don McEnhill expressed the organization’s satisfaction with the ruling, stating that it “sends a clear message to local governments across California that the public trust doctrine applies to groundwater and that they need to do a much better job of protecting our rivers and streams from the impacts of groundwater pumping.”

Impact and Implications.

While the ruling directly impacts Sonoma County, its implications reach far beyond. It establishes a precedent for other local governments in California, requiring them to reassess their groundwater well permit processes and implement stronger measures to protect water resources.

The trial court’s decision also highlights the evolving nature of the public trust doctrine and its application to groundwater resources. It underscores the need for agencies to consider relevant factors on a case-by-case basis and adapt their approaches to safeguard the public’s interest in these vital resources.

See the Hanson Bridgett publication for a legal analysis of this issue.

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