A federal appeals court has overturned a judge’s order that required San Luis Obispo County to release more water from Lopez Lake into Arroyo Grande Creek—a ruling environmental groups said would help protect threatened steelhead trout.
The Ninth Circuit Court of Appeals found that the judge did not fully weigh the impacts across all protected species or consider the broader public interest, including local water supply.
Environmental groups, including plaintiffs in the case such as Los Padres ForestWatch, argued the additional water was necessary to support steelhead, whose numbers have declined sharply along the Central Coast.
But, county officials countered that increasing releases could instead harm two other species protected under the Endangered Species Act: the California red-legged frog and the tidewater goby. They also said the order could affect the water supply for about 50,000 residents who rely on Lopez Lake.
The Ninth Circuit agreed with the county this week that the lower court had not fully weighed the impacts on all species.
Los Padres ForestWatch disagreed with the county’s characterization of the impacts.
“The county is continuing to operate in violation of law,” Ben Pitterle, a spokesperson for the group, said. “The water required by the prior injunction is appropriate in the interim. There's no evidence that it's harming the water supply.”
The case now returns to the district court for further analysis. Meanwhile, county officials say they will continue working with federal wildlife agencies on a long-term Habitat Conservation Plan submitted in October. They say the plan is intended to balance species protection with maintaining a reliable water source for communities in southern San Luis Obispo County.
