Environmental groups sue county over Lopez dam’s impact on steelhead trout

– San Luis Obispo Coastkeeper, Los Padres ForestWatch, California Coastkeeper Alliance, and the Ecological Rights Foundation filed a lawsuit against San Luis Obispo County this week, alleging violations of the Endangered Species Act. The groups claim the county fails to release enough water from Lopez Dam to support fish in Arroyo Grande Creek.

A federal court hearing is scheduled for September. The county must file a response to the lawsuit next week.

The lawsuit asserts that for the past 30 years, the county has been aware of the harm its operation of Lopez Dam causes to endangered species in Arroyo Grande Creek. A citizen complaint filed in 1994 alleged that the county was violating the law by not releasing sufficient water for endangered fish. The State Water Resources Control Board warned the county that it would not renew its water rights permit until the county’s operations complied with the Endangered Species Act. Despite this, the county remains out of compliance.

In 2004, the county attempted to address the issue by drafting a plan to protect endangered steelhead and California red-legged frogs, but federal agencies rejected it as inadequate. Recently, the National Marine Fisheries Service confirmed that the county still has not restored steelhead populations and remains non-compliant.

The plaintiffs seek a court order requiring the county to release adequate water from Lopez Dam at specific times of the year to support wildlife. The county must also ensure fish passage past the dam so steelhead can reach historic spawning grounds and address other habitat needs for endangered species.

“It is time the county stop dragging its feet and take action to protect endangered species,” Sean Bothwell, executive director of California Coastkeeper Alliance, said, “Thirty years of operating Lopez Dam in violation of the Endangered Species Act is far too long; if our government won’t step up and enforce this egregious violation, we will.”

Benjamin Pitterle, director of advocacy for Los Padres ForestWatch, added, “Steelhead have thrived in Arroyo Grande Creek and throughout San Luis Obispo County since time immemorial, but now they are faced with extinction. This is now a unique opportunity for local leaders to commit to sensible measures that balance the needs of people with the needs of wildlife.”

Steelhead are a keystone species in the region, historically supporting runs of 20,000 to 30,000 adults per year. However, recent decades have seen a dramatic decline in numbers, with fewer than 500 adults remaining. Arroyo Grande Creek has lost about 80 percent of its historical estuarine habitat, and steelhead populations throughout their range have similarly declined. Despite these losses, federal and state agencies identify Arroyo Grande Creek as essential habitat for the survival and recovery of South-Central California Coast steelhead.