New challenge targets Arrowhead bottled water pipeline

Environmental activists have opened a new front in their long fight against a company that pipes water from the San Bernardino Mountains and bottles it to sell as Arrowhead brand bottled water.

In a petition to the state, several environmental groups and local activists called for an investigation by the California Department of Fish and Wildlife, arguing that the company BlueTriton Brands is harming habitat and wildlife species by withdrawing water that would otherwise would flow into Strawberry Creek.

Those who oppose taking water from the San Bernardino National Forest want the state agency to evaluate the environmental effects and uphold protections under state law, said Rachel Doughty, an attorney for the environmental nonprofit Story of Stuff Project.

“They've dewatered the creek,” Doughty said.

If the company wasn't diverting water in its pipeline network, he said, Strawberry Creek “would be habitat for endangered species, it would provide a downstream water supply, it would support fish, and it can't do any of that.” things without water.”

The coalition of environmental groups and activists stated in their statement of May 13 petition that the state agency should require the company to apply for a permit (called a riverbed alteration agreement) for its pipelines and other infrastructure, and should examine whether the ongoing water diversion violates state environmental laws.

The groups said the company's water taking has “caused the extirpation of native species and the destruction of riparian habitat, a clear harm to public trust.” They urged the state to “take all appropriate enforcement measures.”

Activists who have been trying to shut down the company's bottled water pipeline filed their appeal with the wildlife agency eight months after the State Water Resources Control Board voted to organize the company stop their “unauthorized diversions” of water from springs in the San Bernardino Mountains.

State officials determined that the company has been illegally diverting water without valid water rights. But BlueTriton brands sued to challenge that decision in Fresno County Superior Court, arguing that the process was plagued with problems and that the company has a right to the water.

A spokesperson for the California Department of Fish and Wildlife said the agency received the petition and is evaluating it.

BlueTriton Brands responded to the request in an email.

“Responsible and proactive water management is fundamental to everything we do. “We are proud of the work we have done and continue to do at Strawberry Canyon, studying, reporting and managing our operations to help protect the land and natural resources,” the company said. “We will continue to operate in compliance with all state and federal laws.”

The company also said it will “partner with people in our communities, governments, policymakers, businesses and consumers to protect and sustainably shape our shared future.”

But Steve Loe, a retired biologist who previously worked for the San Bernardino National Forest, said the state should require the company to stop taking water from the stream and ecosystem.

“BlueTriton has completely dried up the creek, and BlueTriton needs to return some water to the creek to meet state and federal requirements,” Loe said. “Returning water to Strawberry Creek will make a big difference in the watershed for all plant and animal species.”

Restoring water to the habitat would help endangered bird species such as the southwestern willow flycatcher and Bell's vireo, he said, as well as other species including the yellow-legged mountain frog and the southern rubber boa. south.

He said a flowing creek could also encourage the return of native fish species, such as the Santa Ana spotted dace.

In the petition, Loe and others cited historical records describing the springs and creek nearly a century ago, including field notes and reports from W. P. Rowe, an engineer who surveyed the watershed beginning in 1929.

Rowe wrote that Strawberry Creek flowed on the southern slope of the San Bernardino Mountains from a “source in a group of springs” and flowed into a canyon filled with “alders, sycamores, dogwoods, and cedars along with ferns and thimbles.”

Loe said records show that before the water was extracted for bottling, the creek was flowing and supported a thriving riparian habitat, which is now largely dry.

“It's public water,” Loe said. “And the public has the right to demand its protection.”

“I want to get water back in the creek this summer,” he said.

In the decision being argued in court, the state water board ordered the company to stop taking water for bottling from most of its tunnels and water collection wells in the mountains north of San Bernardino.

Records show that about 158 ​​acre-feet, or 51 million gallons, flowed through the company's pipeline network in 2022.

The 4-inch steel pipe system collects water flowing from several locations on the steep mountainside above the stream.

The pipeline runs to a roadside tank, and some of the water is trucked to be bottled and sold as Arrowhead 100% Mountain Spring Water.

Local activists have campaigned for years asking state and federal authorities to shut down the bottled water pipeline. Controversy over national forest water use erupted after a 2015 Desert Sun investigation revealed that the US Forest Service was allowing Nestlé to continue extracting water using a permit that listed 1988 as the expiration date.

Subsequently, the Forest Service started a review of Nestlé's permission, and in 2018 granted a new permit for up to five years. Revelations about Nestlé taking water from the national forest sparked an wave of opposition and sparked several complaints to California regulators questioning the company's water rights claims, leading the state to investigation.

BlueTriton Brands took over the bottled water business in 2021, when private equity firm One Rock Capital Partners and investment firm Metropoulos & Co bought Nestlé's North American bottled water division.

BlueTriton and the company's previous owners have for years held a federal “special use” permit that allows them to use the pipeline and other water infrastructure in the San Bernardino National Forest.

The Forest Service has been charging an annual permit fee, currently $2,500 per year. There has been no payment for the use of water.

BlueTriton's 2018 permit expired in August and the company submitted an application to renew the permit, which Forest Service officials are reviewing, said Gustavo Bahena, a spokesman for the San Bernardino National Forest.

“Because Blue Triton received a timely application for a permit renewal, the current permit remains in effect… until the Forest makes a decision on its new application,” Bahena said in an email.

Other groups petitioning the state include Save Our Forest Association, the Center for Biological Diversity, the local chapter of the Sierra Club, the Southern California Native Freshwater Wildlife Working Group and the Forest Conservation League. Three Counties.

Amanda Frye, an activist who has taken a leading role in the campaign, said she believes the Forest Service is failing in its responsibility to manage public lands and resources.

“We still have a dry creek,” Frye said.

“Something has to change,” he said. “We have the right to have these resources protected.”