Water Rights, Water Wrongs

Last week I posted pictures of the woeful, sad, algae infested Navarro River. This year the algae exploded during our first very hot heatwave at the beginning of July. The water is low, ugly and unhealthy. Three summers ago, during the drought, the river ran clear until the rains. I know some algae is expected. But the last two years of recreation time in the river has been cut by more than half. After incredibly wet winters the last two years, our river is in worse shape than ever before. I showed the community these pictures and questioned whether there was excessive nitrogen and phosphorous runoff from the 3 million vines planted in our small valley. Don't we all have a right to the water in our community? A vigorous discussion followed.

After posting pictures regarding my deep concern for the state of our river and inviting discussion by the community here in Anderson Valley. I have learned a lot over the last week about surface water flow, algae, water rights, permits for wells, agricultural runoff, old septic systems, fish friendly farming and climate change.

On Friday the North Coast Water Board came to take samples of the algae growth to determine if bacteria are present. They stated that the cause of excessive algae growth in the state is unknown. But that low water level and record heat is a huge factor. When asked if an old septic or excessive runoff from fertilizers could be the cause for certain areas of the river, he said it could not be ruled out. If the river was tested now for high nitrogen, it would read a low level because the algae eat the nitrogen (fixates). I also learned that I myself could test the water in the spring and send it to a lab. But for now, even if the water tests positive for bacteria, it will simply be marked on a map and a warning posted. No further investigation into causes will be conducted.

I still can't help but be astounded that there are 3 million vines in the 15 mile stretch of Anderson Valley. They need water for at least the second half of summer, according to a local vintner. Let that sink in…

So, what are Water Rights? The legal right of a user to use water from a specific source. Water rights authorize particular entities to use, sell or divert water. From landowners to corporations. According to comments online, some (maybe 4) are grandfathered in and draw from the river 24 hours a day. Others have commented that they are required to draw from the river from May to September or else they are heavily fined. What the…? Who in God's name created these rules? Can we the public demand an explanation from our elected officials? Create a petition? When does a person's or entity's limits kick in for these grandfathered rights? Are they allowed to keep sucking it out till it's gone? Does water not belong to all of us? Are we allowed to ask?

Hmmm.

Those questions probably won't go over well with some.

Others have commented how some landowners with holding ponds replenish them illegally with groundwater. I would hope that there would be some sort of safeguard against that. I also have a lot of faith that these things are monitored by our local authorities who care. Misplaced trust?

The permit process for wells includes a final decision by Local Government who reviews the application for potentially significant environmental impacts. Who is that in Mendocino County? The Environmental Health Department of Mendocino County. Are they willing to share their findings and reasoning with us? There is no limit on what is drawn out of a well? Not sure. But a new state policy for restricting well water use for large consumers in sensitive areas may go into effect. Cross your fingers it happens and we are one of those areas.

On the AgAlert website is an article (8/2/2023) regarding the North Coast Regional Water Quality Control Board working on creating new monitoring and reporting requirements for nitrogen applications and removals in Anderson Valley. “The North Coast is the last of the state's nine regions to develop general waste discharge requirements as part of the state's Irrigated Lands Regulatory Program.” Oh Boy! So much for the North Coast Waterboard thinking that runoff is not part of the problem with the river, this new requirement would say otherwise.

I also found that we as a community can be active in protecting our resources through different agencies: The Mendocino County Resource Conservation District. Facebook pages Mendocino County 5th District community page and on Valley Hub (facebook). There is the USDA Natural Resources Conservation Service.

Fish Friendly Farming is actively educating about problems such as erosion and soil loss, stream bank failure, and water quality degradation. Commenters have talked about Dry Farming.

In conclusion, I am sure I got some things wrong and have lots more to learn. But the actions that I see available to me are:

1. Bring awareness.
2. Join in efforts of my Local and Federal Conservation Agencies.
3. I can test the water next spring.
4. I can walk the river with my camera.
5. Learn more.
6. Start a petition? To demand the environmental studies that show having so many vineyards in a small area was environmentally sound?

Anyone want to take a swim in the Napa River?

Sincerely yours,

Lisa Nunes

Philo