The County of Sonoma’s flow of well permits has run dry, as local officials last week suspended issuing the permits in compliance with a Sonoma County Superior Court order.
The order, which was served to the County on Dec. 17, 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 the county has not complied with the Public Trust Doctrine. The lawsuit contends Sonoma County’s 2023 Well Ordinance doesn’t do enough to safeguard county waterways from excessive pumping. In Sonoma County, many agricultural operations have for decades or more relied on historic water rights to irrigate their farms, which grant them a priority in accessing the water for “beneficial use.” However, the court ruled such historic rights don’t take precedence over the need to protect the sustainability of public resources.
County officials disagree with the basis for the court’s decision, arguing that its 2023 amended well ordinance is legally compliant, county officials said in a statement. “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 statement continued. “If necessary, the county is prepared to seek a stay from the appropriate court so the county can continue to issue permits pending resolution of the legal process.”
County officials have filed a motion for a new trial. In the meantime, the county will not issue non-emergency water-well permits for as long as the court’s decision is in effect.
Permit Sonoma, the county department that issues the well permits, estimates 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.
For more information about well permits visit permitsonoma.org/wellordinanceupdate.
