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New Water Quality Rules for Dairies Compromise Human Health: Groundwater Suit Moosic To Central Valley Residents' Ears

Traci-Sheehan.gif By Traci Sheehan
Executive Director
Planning and Conservation League


While most Californians enjoy access to clean drinking water, over a hundred thousand of our state's residents are not so fortunate.

Take the southern portion of the San Joaquin Valley; here roughly 38,000 people are served groundwater that is too polluted to drink. The leading pollutant in their groundwater is nitrate from manure-laden runoff from the area's dairy operations. In Tulare County, which has the highest concentration of dairies in the state, nitrates exceed legal limits in 40 percent of the private wells sampled and in approximately 20 percent of the small public water systems.

Despite this continuing contamination crisis, in May the Central Valley Regional Water Quality Control Board issued a weak industry-wide permit covering the polluted runoff from all 1,600 dairies in the San Joaquin Valley.

In response, Asociación de Gente Unida por el Água (AGUA) and the Environmental Law Foundation (ELF) filed a historic lawsuit in early February in Sacramento County Superior Court to stop the pollution and invalidate the lax permit. The suit charges that the Regional Board permit did not require sufficient measures to protect groundwater from contamination caused by industrial dairies.

Laurel Firestone, co-director of the Community Water Center and one of the attorneys representing AGUA in this suit, explains their rationale: "People that are affected by this are serious about getting real protection and changing the status quo of allowing current land use to pollute. We hope this suit will be a chance for the court to say that 'better than nothing' is not meeting state law."

How many other communities in California face similar groundwater problems? So far, the California Department of Health has only conducted broad-brush estimates. This year, PCL is sponsoring AB 2222 (Caballero), which directs the state to identify communities currently reliant on contaminated sources of groundwater and provide policy recommendations that will direct future state funding to bringing clean water back to these communities.

Traci Sheehan is the Executive Director of the Planning and Conservation League, a statewide, nonprofit lobbying organization. For more than thirty years, PCL has fought to develop a body of environmental laws in California that is the best in the United States. PCL staff review virtually every environmental bill that comes before the California Legislature each year. It has testified in support or opposition of thousands of bills to strengthen California's environmental laws and fight off rollbacks of environmental protections.

Posted on April 13, 2008

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