Environmentalists call on California wildlife authorities to investigate bottled water operations

Environmental activists have opened a new front in their long-running fight against a company that pipes and bottles water from the San Bernardino Mountains to sell it as Arrowhead-brand bottled water.

In a petition to the state, several environmental groups and local activists called for an investigation by the California Department of Fish and Wildlife, arguing that the BlueTriton Brands company is damaging wildlife habitat and biodiversity by taking water that would otherwise flow into Strawberry Creek.

Those who oppose taking water from the San Bernardino National Forest want the state agency to assess environmental impacts and uphold protections under state law, said Rachel Doughty, an attorney with the environmental nonprofit Story of Stuff Project.

“They drained the creek,” Doughty said.

If the company did not pump water through its pipe network, she said, “Strawberry Creek would be a habitat for endangered species, would provide water downstream and would support fish, and none of that would be possible without water.”

The coalition of environmental groups and activists said in its statement on 13. petition that the state agency should require the company to apply for a permit – a so-called riverbed alteration agreement – ​​for its pipes and other infrastructure and should examine whether the ongoing water diversion violates state environmental laws.

The groups said the company’s water abstraction had “resulted in the extinction of native species and the destruction of riparian habitats – a clear violation of public trust.” They called on the state to “take all appropriate enforcement action.”

Activists who have sought to shut down the company’s bottled water line have submitted their appeal to the conservation agency eight months after the State Water Resources Control Board’s decision. voted to support the company to stop the “unauthorized diversion” of water from springs in the San Bernardino Mountains.

State authorities concluded that the company illegally diverted water without valid water rights. But BlueTriton Brands sued to challenge That decision was overturned in Fresno County Superior Court on the grounds that the process was riddled with problems and that the company was entitled to the water.

A spokesman for the California Department of Fish and Wildlife said the agency has received the petition and is currently reviewing it.

BlueTriton Brands responded to the petition via email.

“Responsible and proactive water management is at the core of everything we do. We are proud of the work we have done and continue to do in Strawberry Canyon. We investigate, report and manage our operations to help protect the land and natural resources,” the company said. “We will continue to operate in compliance with all state and federal laws.”

The company also announced that it would “work with people in our communities, governments, policymakers, businesses and consumers to protect and sustainably shape our shared future.”

But Steve Loe, a retired biologist who formerly worked for the San Bernardino National Forest, said the state should require the company to stop taking water from the creek and the ecosystem.

“The creek was completely dried up by BlueTriton and BlueTriton needs to return some water to the creek to meet state and federal requirements,” Loe said. “Restoring water to Strawberry Creek will make a huge difference in the watershed for all plant and animal species.”

Read more: California calls on bottled water manufacturers to stop “unauthorized” pipes from springs

Restoring water to the habitat would help endangered bird species such as the southwestern willow flycatcher and the American bellvireo, he said, as well as other species such as the mountain yellow-legged frog and the southern rubber boa.

He said a flowing stream could also support the return of native fish species such as the Santa Ana dace.

In the petition, Loe and others cited historical records describing the springs and creek nearly a century ago, including field notes and reports by WP Rowe, an engineer who studied the catchment beginning in 1929.

Rowe wrote that Strawberry Creek rose from a “spring on a group of springs” on the southern slope of the San Bernardino Mountains and flowed through a gorge filled with “alders, sycamores, dogwoods, and cedars, as well as ferns and foxglove bushes.”

Loe said records show that before the water was extracted for bottling, the creek flowed and provided a thriving riparian habitat that is now largely dry.

“It’s public water,” Loe said. “And the public has the right to advocate for its protection.”

“I want to see water in the creek again this summer,” he said.

In the decision, which is currently before the courts, the state water utility ordered the company to stop taking water for bottling from most of its tunnels and boreholes in the mountains north of San Bernardino.

Records show that about 158 ​​acre-feet, or 51 million gallons, flowed through the company’s pipe network in 2022.

The system of 4-inch steel pipes collects water flowing from various locations on the steep mountainside above the stream.

The pipeline leads to a roadside tank and some of the water is trucked away, bottled and sold as Arrowhead 100% Mountain Spring Water.

Read more: Arrowhead bottled water maker sues companies to keep pipelines from California forest

Local activists have been demanding for years that state and federal authorities shut down the bottled water pipeline. The controversy over the use of water from the national forest erupted after a Desert Sun investigation from 2015 revealed that the US Forest Service continued to allow Nestlé to tap water under a permit that was due to expire in 1988.

The forestry service then began a review the approval of Nestlé, and in 2018 a new permit granted for up to five years. The revelations about Nestlé diverting water from the national forest triggered a Shaking up the opposition and led to several complaints to California regulators questioning the company’s water rights claims, which led to the state Investigation.

BlueTriton Brands acquired the bottled water business in 2021 when Nestlé’s North American bottled water division was purchased by private equity firm One Rock Capital Partners and investment firm Metropoulos & Co.

BlueTriton and the company’s previous owners had held a federal “special use permit” for years that allowed them to use the pipeline and other water infrastructure in the San Bernardino National Forest.

The Forest Service charges an annual permit fee, currently $2,500 per year. There is no fee for using the water.

BlueTriton’s 2018 permit expired in August and the company has submitted an application for a permit extension that is currently being reviewed by forest service officials, said Gustavo Bahena, a spokesman for the San Bernardino National Forest.

“Because Blue Triton applied for a permit extension in a timely manner, the current permit will remain in effect … until the forest makes a decision on their new application,” Bahena said in an email.

Other groups that have petitioned the state include Save Our Forest Assn., the Center for Biological Diversity, the local chapter of the Sierra Club, the Southern California Native Freshwater Fauna Working Group and the Tri-County Conservation League.

Amanda Frye, an activist who has taken a leading role in the campaign, said she believes the Forest Service is failing in its responsibilities to manage public lands and resources.

“Our creek is still dry,” Frye said.

“Something has to change,” she said. “We have the right to have these resources protected.”

This story originally appeared in the Los Angeles Times.