The Orange county Water District (OCWD) finds itself in a legal crossfire with California’s Fish & Wildlife Department after activists alleged habitat destruction in the Santa Ana River. The controversy began with a social media post by the Creek Team on May 28, which showed bulldozing activities near Angel Stadium. This incident has raised serious questions about environmental protections and regulatory oversight in the region.
The dispute centers around the alleged destruction of a black-necked stilt nest and violations of a streambed alteration agreement. The state’s Notice of Violation, issued on July 7, claims that the water district’s activities impacted the nest and failed to adhere to required environmental safeguards. The notice also highlights that maintenance activities occurred within 300 feet of known active nests, a clear violation of the agreement.
State regulators issue violation notice
California’s Fish & Wildlife Department, led by Regional Manager Erinn Wilson-Olgin, issued a Notice of Violation to the OCWD. The notice states that nesting survey data collected by the water district further corroborated the nest destruction. The state’s environmental scientists visited the worksite on the very same day as the Creek Team’s social media post and noticed the violations by a water district contractor.
The violation notice outlines two specific violations of California’s Fish and Game code. The first is the destruction of the bird nest, and the second is the failure to adhere to the streambed alteration agreement. Both violations could result in civil or criminal prosecution. The notice emphasizes the need for the water district to mitigate the nest destruction and understand the limitations on work in the Santa Ana River.
OC Water District disputes findings
The OC Water District, led by General Manager John C. Kennedy, is contesting the findings of the violation notice. In a July 24 letter to state regulators, Kennedy questioned the interpretation of the district’s nesting studies and the timing of photographs used to denote nest destruction. The letter states that the water district does not believe the factual record supports a conclusion that an unlawful take has occurred.
Water district officials argue that they were under the impression that regulatory reviews of work only had to be done annually at the start of the maintenance season. They also point out that there was no physical delineation of nesting bird buffers observed within the work area, as required by the agreement. Despite these arguments, the state’s environmental scientists remain critical of the water district’s actions.
Creek Team’s role in the controversy
The Creek Team, a civic group focused on watchdogging local creeks, played a crucial role in bringing this issue to light. Their social media post on May 28 sparked public outcry and drew the attention of state regulators. The group’s activism is a direct outgrowth of their efforts to monitor the county flood control districts’ use of herbicides in South County creeks.
The San Juan and Trabuco creeks are now part of a pilot program that paused herbicide use as officials study alternatives for vegetation management. The Creek Team’s founder, Brent Linas, stated that the group intends to hold the water district accountable for their actions. He emphasized the importance of citizen oversight in efficient governance.
In response to the public outcry, OC Water District President Deniss Bilodeau posted a June 2 rebuttal on Instagram, disputing the allegations and stating, “No birds or habitat have been harmed.” However, the state’s violation notice suggests otherwise, highlighting the need for further investigation and mitigation efforts.
