S.J. County sues water agency over drilling
San Joaquin County recently filed a lawsuit against the California Department of Water Resources, claiming that the agency is not complying with local permitting requirements in activity connected to the Delta tunnel project.
In the lawsuit filed in San Joaquin County Superior Court, the county alleges that DWR is not abiding by local drilling permit requirements to protect wildlife and water quality in accordance with state law.
In June, DWR began geotechnical well drilling in San Joaquin and Sacramento counties to collect data DWR says it needs for a proposed Delta tunnel project, according to the lawsuit. The controversial tunnel project would carry water diverted from the Sacramento River to the existing state and federal water pumps in the south Delta for export to points south.
“DWR commenced this work despite the lack of a defined project and despite the governor’s actions to develop a portfolio approach to water supplies,” San Joaquin County Supervisor Chuck Winn said in a Thursday press release from the county.
“Although the governor directed state agencies to engage Delta communities and other stakeholders in the tunnel and portfolio planning processes, DWR ignored the local well permit requirements that apply to all drilling including state agencies.”
Maggie Macias, an information officer with DWR, said the department can’t comment on pending litigation.
According to San Joaquin County officials, permitting requirements for welldrilling activities protect public health, safety and welfare by ensuring that any wells or other borings in contact with groundwater are properly mapped and closed after the investigation is complete.
The county alleges that in at least one instance, DWR commenced well-drilling activities without complying with its own mitigation measures designed to protect nesting birds. This failure violated the requirements of the California Environmental Quality Act, according to the county’s lawsuit.
“It is ironic that DWR won’t follow basic safety requirements for its own wells when DWR oversees local agencies who are responsible for implementation of the Sustainable Groundwater Management Act for protection of groundwater resources,” San Joaquin County Supervisor Kathy Miller said. “All we are requesting is that DWR follow the law.”
The county is asking the court to require that DWR follow basic well permit and other requirements before undertaking any more well-drilling activities. Should DWR attempt to continue well drilling without the proper permits, the county is prepared to seek injunctive relief to halt the activities, the press release stated.