Butte Environmental Council Wins Major Water Lawsuit

On March, 16, 2010, a Superior Court ruled that the State has to comply with environmental laws even in dry times.

The Superior Court of California, County of Alameda, ruled in favor of BEC and co-petitioners in their lawsuit against the California Department of Water Resources in their plan to transfer additional water because of a three year drought. This is an important win for the North Valley’s water resources and environment. Requiring the State to comply with environmental laws will help ensure that the Tuscan aquifer system remains healthy and well managed into the future.

Early in 2009 the Governor issued a proclamation claiming an emergency drought and sought to implement water transfers without following California environmental law, specifically the California Environmental Quality Act (CEQA). BEC hired the legal team of Lippe, Gaffney and Wagner, LLP, to challenge the exemption because the relatively mild drought is not an emergency situation caused by nature but rather a regulatory drought caused by mismanagement. In April 2009, California Sportfishing Protection Alliance and the California Water Impact Network were named with BEC on the suit against a long list of powerful water districts and agencies that joined the State’s effort to facilitate water transfers without following environmental law.

Butte Environmental Council has been at the forefront of environmental activism in Butte County and in the Northern Sacramento Valley since 1975.

BEC appreciates all BEC members and the many other supporters who helped make this successful lawsuit possible, including the Butte-Sutter Basin Area Groundwater Users. BEC also thanks and congratulates attorneys Tom Lippe and Keith Wagner for presenting and for winning this important lawsuit to protect local water resources

From the Spring 2010 issue of the Environmental News.