Sonoma County Court Reverses Public Trust Doctrine Appeal Ruling

• Sonoma County's appeal to keep its amended well-permitting ordinance was upheld by a California Court of Appeal.
• The county did not violate the public trust doctrine, but must comply with CEQA review requirements for future permit applications.
• Well owners in Sonoma County are now required to install and maintain monitoring equipment to report monthly readings measuring groundwater extracted from the well and well water levels.

A three-judge panel in the First Appellate District determined that, while Sonoma didn’t violate the public trust doctrine by amending the well ordinance, it also upheld the lower court’s ruling that substantial evidence did not support Sonoma’s claimed exemptions from a California Environmental Quality Act review.

A California Court of Appeal has reversed a lower court's ruling, determining that Sonoma County did not violate the public trust doctrine when it amended its well-permitting ordinance. The county had sought to comply with the doctrine by requiring well owners to install and maintain monitoring equipment to report monthly readings measuring groundwater extracted from the well and well water levels. This decision may have significant implications for future permit applications, as it could trigger California Environmental Quality Act review requirements.

The public trust doctrine is a legal principle that holds the government responsible for protecting certain natural resources available for public use. In Sonoma County, part of the Russian River is considered a navigable waterway, protected by this doctrine. The county's amended ordinance was intended to comply with the doctrine, which requires counties to share the state's responsibility for administering the public trust. This decision highlights the importance of understanding and applying the public trust doctrine in California.

The county's revised ordinance may have significant implications for groundwater well permitting in Sonoma County. Lawyers advising clients on this issue should be aware of the new requirements, including the need to install and maintain monitoring equipment. This could trigger CEQA review requirements for future permit applications, potentially affecting the number of permits issued each year. The decision also underscores the importance of complying with environmental regulations when issuing groundwater well permits.

Lawyers advising clients on groundwater well permitting in Sonoma County should be aware of the county's revised ordinance, which requires well owners to install and maintain monitoring equipment to report monthly readings measuring groundwater extracted from the well and well water levels. This may trigger CEQA review requirements for future permit applications.

Source: Original reporting via Courthouse News