Mono, Sierra Club find bright side to Long Valley dewatering ruling

A caldera south of Mono Lake that was once one of the major players in Los Angeles’ effort to drain Owens Valley is the subject of a June 30 appeals court ruling.

A legal battle between the Los Angeles Department of Water & Power and Mono County over the last remaining acre feet used to irrigate Long Valley was the subject of a June 30 ruling by the First District Court of Appeal for the State of California.

The appeals court reversed a lower court ruling requiring the utility to continue to provide water for wildlife habitat and scenic, recreational and economic resources on approximately 6,100 acres of land in Mono County — at least until such time as the Los Angeles utility completes the required environmental review.

While the ruling initially appeared to be a setback for Mono County and the Sierra Club, who filed the lawsuit under the California Environmental Quality Act, it actually affirmed the legal principles which the county and Sierra Club sought to enforce from the beginning – that the utility cannot remove all water from the land under the guise of expired leases from 2010, without conducting any environmental review.

“During the course of the appeal, (Water & Power) repeatedly represented to the court that it would not dry out lands in Long Valley and Little Round Valley without performing the required

environmental review” said Mono County Counsel Stacey Simon. “In other words, LADWP

conceded that it must conduct environmental review prior to drying out these valleys.”

The appellate court memorialized LADWP’s concession in its ruling, thereby establishing a legal framework under which LADWP must conduct environmental review if it pursues its previously announced plan to dewater Long Valley.

“The court’s language is a vindication and endorsement of the principles which Mono County and Sierra Club sought to enforce in their initial complaint,” said Sierra Club attorney Larry Silver.

The appellate court clearly took a different route than the trial court, holding the utility to its own statements, rather than issuing a direct order to limit its future actions.

However, under either approach, the utility cannot dry out Long Valley and Little Round Valley without first conducting environmental review as required by California law.

Consistent with the appellate court ruling, Mono County expects that utility will continue to provide water to its leased lands in the region, even while drought conditions and climate change continue to be factors in the amount provided, as in prior years.

This outcome is in line with a solution which Mono County had suggested to leadership prior to initiating litigation.

“Litigation was a last resort to protect the land, water, and wildlife in Long Valley,” said Mono County Board of Supervisors Chairman Bob Gardner. “Mono County maintains its commitment to working with the City of Los Angeles and LADWP in a shared effort to make the most effective and efficient use of California’s limited water resources in a manner that preserves environmental and economic values and serves the needs of all Californians. However, if further litigation becomes necessary due to LADWP’s disregard for the appellate court’s ruling and repudiation of its own statements to that court, then Mono County is prepared to take further legal action to protect its valuable natural and economic resources.”