Sonoma County proposes rule changes for well permits to protect health of local waterways

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In response to evolving California case law that requires local governments to protect the health of rivers and other “public trust resources,” the Board of Supervisors on August 9 will consider new standards for permit applications to drill wells in Sonoma County. The meeting will include a Public Hearing on the proposed amendment to the county’s well ordinance.

The amendment would create a new framework for Permit Sonoma to evaluate environmental impacts while reviewing applications for permits to drill new or replacement groundwater wells.

To comply with a 2018 decision by the state Court of Appeal, the county will evaluate and require mitigation of impacts of well permits on public trust resources in “navigable waterways,” such as the Russian River, along with the habitat and wildlife they support, including the endangered Coho salmon.

“Recent court decisions have altered the way counties must regulate permits for new water wells,” said Supervisor James Gore, chair of the Board of Supervisors. “The law is now clear: The county must consider adverse impacts to public trust resources when permitting water wells. As a result, we must adopt new standards for well permits to ensure they do not harm resources that belong to everyone, including future generations.”

Under the proposed ordinance, Permit Sonoma would be required to evaluate potential adverse impacts to public trust resources in navigable waterways before approving a permit for a new well. Applicants may be required to submit additional supporting information, depending on the location and use of the proposed well. Some applications for replacement wells and small domestic wells will need to supply little additional information, while applications for higher-production wells could require substantial supporting studies, potentially including a water supply and use assessment, a hydrogeologic report, and detailed descriptions of mitigating measures to reduce the amount of water extracted from the ground.

Applicants would be able to appeal a decision to the Board of Supervisors. Permit Sonoma could also ask the Board of Supervisors to approve permits for wells that benefit the health, safety or welfare of the community.

The ordinance would also require the installation of meters on all new wells permitted after Jan. 1, 2023. The data from meters will help the county track, analyze and model groundwater use across watersheds. The ordinance would also create a new fee to evaluate applications subject to public trust review, proposed at $1,392.

Replacement wells that serve existing legal domestic uses on a property would be exempt from public trust review, as long as the wells are metered and extract a maximum of 2 acre-feet of water annually, or about 650,000 gallons. An average domestic household uses roughly a half-acre-foot of water in a year.

Permit Sonoma, also known as the Permit and Resource Management Department, receives roughly 300 water well permit applications annually. The department estimates approximately a third (100) of them would require a public trust review.

Under California’s public trust doctrine, the state and counties must hold certain natural resources in trust for the benefit of current and future generations. In 2018, the state Court of Appeal ruled that public trust doctrine applies to the permitting of groundwater wells that adversely impact navigable waterways, defined as rivers and streams that can be navigated in a small boat. While groundwater itself is not a public trust resource, extraction of groundwater that reduces surface stream flows can adversely impact public trust resources in navigable waterways. The case, Environmental Law Foundation v. State Water Resources Control Board, focused on the permit process in Siskiyou County but the court’s decision set a precedent that applies to all counties in California.

California Coastkeeper Alliance filed a lawsuit against the County of Sonoma in July 2021 to force the county to comply with public trust doctrine when issuing well permits. The litigation has not concluded.

The proposed ordinance can be viewed at Permit Sonoma’s webpage for Items of Significant Interest. Comments can be emailed to Permit Sonoma at PermitSonoma-Wells-PublicInput@sonoma-county.org. The public is also invited to participate in the Public Hearing on Tuesday, August 9.

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Media Contact:
Bradley Dunn, Permit Sonoma Policy Manager 
Bradley.Dunn@sonoma-county.org
(707) 321-0502
2550 Ventura Ave.
Santa Rosa, CA 95403