Sonoma County suspends issuing well permits after court order

Permit Sonoma has suspended issuing non-emergency well permits in compliance with a Sonoma County Superior Court order.

The order, which was served to the County on Dec. 17, stems from the lawsuit Russian Riverkeeper and California Coastkeeper vs. County of Sonoma. It requires the County to “suspend all non-emergency water well permitting” based on concerns that the County has not complied with the Public Trust Doctrine.

The County has filed a motion for a new trial. In the meantime, the County will not issue non-emergency water well permits for as long as the court’s decision is in effect. The court’s decision will be in effect until it is either temporarily paused through a stay order, permanently lifted, reversed through subsequent legal proceedings, including an appeal, or until the Court determines the County has complied with its decision.

“The County will comply fully with the court order and minimize impacts wherever possible,” said Tennis Wick, Director of Permit Sonoma. “Right now, we’re focused on getting information out directly to our customers. We are working diligently on a response and are in the process of updating our website.”

Permit Sonoma estimates that revising the County’s well ordinance to comply with the Court’s decision, including any needed compliance with the California Environmental Quality Act, would be a multi-year process.

The County disagrees with the basis for the Court’s decision. The County believes that its 2023 amended well ordinance, which among other things provides for consideration of impacts to public trust resources, is legally compliant. The County believes that the issues in the litigation are complex and important, and that continuing to seek clear judicial guidance is in the public interest. If necessary, the County is prepared to seek a stay from the appropriate court so the County can continue to issue permits pending resolution of the legal process.

For more information about well permits visit Permit Sonoma’s website www.permitsonoma.org/WellOrdinanceUpdate