Amid Lawsuit, Court Orders Sonoma County To Stop Issuing Well Permits

SONOMA COUNTY, CA —Permit Sonoma has suspended issuing non-emergency well permits in compliance with a Sonoma County Superior Court order.

The order was served to the county on Tuesday and stems from the lawsuit Russian Riverkeeper and California Coastkeeper vs. County of Sonoma. It requires the county to "suspend all non-emergency water well permitting" based on concerns that it has not complied with the Public Trust Doctrine.

The county has filed a motion for a new trial. In the meantime, the county said Wednesday that it would not issue non-emergency water well permits until the court’s decision is either temporarily paused through a stay order, permanently lifted, reversed through subsequent legal proceedings— including an appeal —or the court determines the county has complied with its decision.

"The county will comply fully with the court order and minimize impacts wherever possible," said Tennis Wick, director of Permit Sonoma. "Right now, we’re focused on getting information out directly to our customers. We are working diligently on a response and are in the process of updating our website."

Permit Sonoma estimates that revising the county’s well ordinance to comply with the court’s decision, including any needed compliance with the California Environmental Quality Act, would be a multi-year process.

The county said it disagrees with the basis for the court’s decision. The county believes its well ordinance amended in 2023 is legally compliant and provides for consideration of impacts to public trust resources, among other things. The county believes that the issues in the litigation are complex and important and that continuing to seek clear judicial guidance is in the public interest.

The county said it is prepared to seek a stay from the appropriate court to continue issuing permits pending the resolution of the legal process.

"Landmark Victory For California Waters"

The California Coastkeeper Alliance called Sonoma County Superior Court's ruling 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."

According to Coastkeeper, the court ordered the county to protect its waterways from excessive groundwater pumping. 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 Executive Director Sean Bothwell wrote in a statement about the case.

According to Bothwell, 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," Bothwell wrote.

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," Bothwell wrote.

"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."

The group was hopeful the county would come back to the negotiating table and to develop short-term measures to protect the river while a long-term strategy is set in place.

Bothwell said the ultimate goal is to balance the watershed so 1) groundwater can be utilized sustainably, 2) existing water rights holders get their fair share of water, and 3) most importantly, public resources— such as salmon —have enough water to survive.