SLO County fighting court order it says would have ‘catastrophic impact’ on water supply at Lopez Lake

LOPEZ LAKE, Calif. – San Luis Obispo County recently filed an appeal on a decision by a federal judge who ruled late last year the county must release more water from Lopez Lake in order to help protect the endangered steelhead trout.

The ruling followed a lawsuit filed in August 2024 by a coalition of four environmental groups – San Luis Obispo Coastkeeper, Los Padres ForestWatch, California Coastkeeper Alliance and Ecological Rights Foundation – who allege the county, which operates Lopez Lake, has been in violation of the Endangered Species Act.

"We filed the lawsuit because this has been going on, quite frankly, for 30 years," said Sean Bothwell, California Coastkeeper Alliance Executive Director. "The county has been aware that they've been endangering steelhead trout in the region since 1994, and they have been working with the wildlife agencies for 20 years now. They've quite frankly have been dragging their feet to come up with a strategy to protect steelhead. My organization and the coalition just felt like enough was enough, that we weren't getting anywhere. The county's plan has consistently been rejected by the wildlife agencies as insufficient and we really felt like 30 years has gone by. Steelhead are endangered and they need protection and it was time for a court to step in and and make the county start taking this more seriously."

According to the plaintiffs, San Luis Obispo County is failing to release enough water from Lopez Dam to help ensure the natural life cycle of endangered fish in Arroyo Grande Creek, which runs below the dam.

The plaintiffs argue there needs to be an increased release of water flows from Lopez Dam at specific times of the year to support the complex life cycle needs of steelhead trout and other wildlife.

The coalition also said the county needs to provide safe passage for fish past Lopez Dam, "so that steelhead can access historic spawning grounds in the headwaters of Arroyo Grande Creek and commit to other essential upstream and downstream habitat enhancement needs for endangered species."

"Biodiversity overall is important," said Bothwell. "That's why we have the Endangered Species Act. The steelhead that reside and spawn in this area and in the Arroyo Grande Creek are a very special part of that species. They are distinct from other steelhead in the area. Wildlife agencies have said that they need extra protection above and beyond just other Steelhead in California and so it's important that we we protect those species. They've been harmed for years and decades due to the lack of flow coming out of Lopez Reservoir."

In December 2024, U.S. District Judge, Sherilyn Peace Garnett, ruled in favor of the plantiffs and ordered a preliminary injunction that forces San Luis Obispo County to increase the volume of water released into Arroyo Grande Creek.

"The county has chosen to appeal this particular lawsuit because it would be detrimental to our South County water supply," said San Luis Obispo County Fourth District Supervisor Jimmy Paulding. "The cities of Arroyo Grande, Grover Beach, Pismo Beach, the Oceano Community Services District, and the Avila Community Services District all rely on Lopez Reservoir for South County water. The judge should have balanced interest. That means, any potential impacts to endangered species like the steelhead trout against the need to protect our South County water supply and have that sustainable source of water. In this particular case, there is no proof, in my opinion, that the steelhead trout are being affected in their ability to spawn. That's something that would actually be determined based on a trial and experts rendering their opinion and other evidence, studies, etc."

"Not only is Lopez Lake relied on as a source of water for drinking water supply, it absolutely is critical for our fire suppression needs in the event of significant wildfire," said Paulding. "Right now, what I'm told is that we are releasing about 15-acre feet of water per day and that is an incredibly concerning number to consider. The most frustrating and alarming aspect of this particular order is that based on the data. If we had been forced to release this amount of water for the last five-to-ten year period, if we look at when we had previous drought, we would have drained the lake twice, which is obviously incredibly frustrating."

Bothwell disputes the notion the Lopez Lake water supply is at risk from the court's decision and accused the county of using scare tactics in its messaging to the public.

"Quite frankly, the press release was deliberately misleading and was really leveraging sadly, the LA fires and the tragedy there, and the political climate we have nationwide," said Bothwell. "They're leveraging that to fear monger the community, quite frankly. Their own consultants have said that the reservoir has, if we are in drought for the next four years, the region would be fine with the existing amount levels in the reservoir. I mean, it's at 91% capacity full. It's raining today. There is no immediate fear of any drinking water loss or any any lack of water to fight fire fires."

Paulding pointed out San Luis Obispo County has been working towards a plan that would help protect the steelhead and other endangered species that inhabit the lake and creek areas.

In its press release last week, the county also indicated specifically it "has been working with National Marine Fisheries Service and US Fish and Wildlife Service to develop a Habitat Conservation Plan. The Habitat Conservation Plan is intended to authorize a variety of County activities in Arroyo Grande Creek, including continued operation of Lopez Dam or the benefit of local wildlife and San Luis Obispo County residents."

Paulding also shared the county is not alone in its battle against the lawsuit and indicated it is being backed in its effort from several local and statewide agencies.

"We have a lot of support from the agricultural community, from the recreational community that actually uses uses Lopez Lake for recreation purposes," said Paulding. "California State Association of Counties has signed on, the California Farm Bureau, the San Luis Obispo Farm Bureau, the Pacific Legal Foundation, all of our zone three partners, City of Arroyo Grande, City of Grover Beach, Oceano Community Services District, City of Pismo Beach. These are just a short list of different organizations that are supporting the county's appeal and are working with us to seek resolution through a settlement with the plaintiffs."

Both Paulding and Bothwell each indicated they are hopeful the two sides can come together and reach a mutually agreeable solution at some point in the near future.

"This is just preliminary," said Bothwell. "We're hoping to resolve that as soon as possible to save everyone money. Quite frankly, we don't want a protracted and prolonged appeal decision and court battles that only cost the taxpayers more money. We really would rather that money go to restoration projects and helping both improve drinking water supplies and improve the amount of water available for fish. the last thing we want to do is have this tied up in court for years and years and have the preliminary injunction go on forever. We're still hopeful that the county will come to the table with a reasonable proposal that helps all parties out and we think we can get there."

"At this point in time, we are in compliance with the judge's order," said Paulding. "Having appealed that order, we working in earnest to try to settle this litigation with the plaintiffs. It would be very costly for the county, for the taxpayers, for the ratepayers. We would love to avoid that whole costly process and work toward an agreed agreeable settlement."