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Sacramento Judge Makes Precedent-Setting Ruling On Groundwater Regulation

  •  Ed Joyce 
Wednesday, July 16, 2014 | Sacramento, CA
Tom Hilton / Flickr

The Scott River in Siskiyou County.

Tom Hilton / Flickr

A Sacramento Superior Court judge issued a ruling Tuesday requiring regulation of groundwater pumping to protect a river in Siskiyou County.

Attorneys on both sides say it's the first time a California court has ruled the "public trust doctrine" applies to groundwater. The doctrine says the State of California holds all waterways for the benefit of the people.

The lawsuit claimed groundwater pumping in the Scott River Basin is partly responsible for decreased river flows - limiting the public's use of the river and harming fish habitat.

Jim Wheaton with the Environmental Law Foundation was lead attorney for the plaintiffs. He said the ruling is "a monumental decision."

"Because California is famously the only western state that has no regulation of groundwater pumping at all. And so this decision for the first time is going to say that well at least where that groundwater pumping affects surface waters, you've got to regulate it and control it so you don't do harm,” said Wheaton.

The lawsuit named the California State Water Resources Board and Siskiyou County.

Attorney Rod Walston represents Siskiyou County. He said under current state policy, groundwater regulation is a local responsibility. 

Walston said the ruling by Superior Court Judge Allen Sumner fundamentally changes that system.

"By requiring, not allowing or permitting, but rather requiring counties to regulate groundwater by application of public trust principle,” said Walston.” He said the trial court ruling will likely be appealed and the final decision may be made by the California Supreme Court.

The ruling comes as California is in the third year of a drought which has brought calls for an organized groundwater management system.

July 15 Siskiyou County Groundwater Ruling


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    More about drought

  • State Of Drought

    Reservoir levels are at historic lows, municipalities are ordering mandatory conservation and farmers are bracing for water shortages. Capital Public Radio has continuous coverage on how Californians are being impacted by the drought.

    Related Resources

  • Siskiyou County Groundwater Ruling (pdf)

 droughtgroundwaterSiskiyou CountyScott River Basinenvironment

Ed Joyce

Former All Things Considered Anchor & Reporter

Ed Joyce is a former reporter and All Things Considered news anchor at Capital Public Radio. Ed is a veteran journalist with experience in a variety of news positions across all media platforms, including radio, television, web and print.   Read Full Bio 

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