Press Release
FOR IMMEDIATE RELEASE
Date: 09/15/04

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Chief Deputy Larry Scoufos Deputy District Attorney: Jeffrey Holtzman

Santa Rosa, Sonoma County, California

District Attorney Resolves County Water Agency Case

Sonoma County District Attorney Stephan Passalacqua announced today a resolution in the Water Agency stream vegetation clearing case. The Sonoma County Water Agency was charged with two misdemeanors for conducting vegetation removal projects at Copeland Creek in Rohnert Park and Adobe Creek near Petaluma in a manner contrary to a permit issued by the North Coast Regional Water Quality Control Board. Sonoma County Superior Court Commissioner Dennis Beaman authorized a conditional dismissal requiring the Agency to take corrective actions resulting from alleged unlawful streambed clearing operations conducted in the Fall of 2003.

"Government agencies are required to follow environmental protection laws just like private citizens," said District Attorney Stephan Passalacqua. "When government agencies violate laws enacted to protect our natural resources, they will be held accountable," Passalacqua added.

The incidents at the two Sonoma County creeks raised concerns from the public and local environmental officials after extensive vegetation was removed from the creek beds and banks during the Water Agency’s flood control operations last Fall. The Water Agency responded with plans to revegetate the impacted area and other corrective actions. The criminal case provides for a final dismissal of the criminal charges in three years if the Water Agency complies with conditions geared towards restoring the affected creeks and improving environmental education programs.

The settlement requires the Water Agency to complete revegetation work at the impacted creeks and to enhance the creeks in areas not directly impacted by the vegetation clearing activities. The Water Agency is also required to enact interim guidelines for flood control activities and to work with state and federal agencies on a long-term maintenance program to provide effective flood control while minimizing environmental impacts.

Additionally, the Water Agency must now solicit input from local cities and post notices near work sites to advise neighbors of impending creek clearing activity. The settlement also requires the Water Agency to develop watershed education programs for Sonoma County high schools and provide technical assistance to Petaluma and Rohnert Park area high schools’ creek habitat enhancement projects.

The action, People of the State of California v. Sonoma County Water Agency, MCR # 449448, charged the Water Agency with a violation of Water Code Section 13387(a)(2). Deputy District Attorney Jeffrey Holtzman and Investigator Jim Shrum represented the People in this action.