A federal judge granted a preliminary injunction that could require San Luis Obispo County to release more water from Lopez Dam to support endangered steelhead trout and other fish in Arroyo Grande Creek.
Environmental groups, including San Luis Obispo Coastkeeper and Los Padres ForestWatch, filed a lawsuit in August accusing the County of violating the Endangered Species Act through its management of the dam.
The new ruling requires the County to discharge enough water from the dam to support steelhead during critical migration and spawning periods.
Lead Attorney for SLO Coastkeeper Chris Sproul said they will be closely monitoring what the County does.
“If they're not complying, then we can go back to court, and the potential consequences to the County for not complying are potentially severe,” Sproul said.
In a statement to KCBX, the County said it’s disappointed with the decision, calling it an “oversimplification of a complex issue.” It accused the groups of “hijacking” an ongoing regulatory process.
However, Sproul said the outcome is an important step towards protecting species that are vital to the area’s ecosystem.
“The fact that the court issued such a well-reasoned and broad order encourages citizens in other areas-- other streams where steelhead still exist and are endangered– that their rights under the Endangered Species Act, to protect steelhead, can be vindicated in court,” Sproul said.
The judge instructed both sides to draft a detailed plan for the water releases. Sproul said environmental groups are pushing the County to draft a new plan for the Lopez Dam by Dec. 20, while the County wants more time to seek input from other agencies.
The County said that it does not expect to come to an agreement with the plaintiffs for a new release schedule.
