The League of Women Voters of the San
Bernardino Area established a committee in 2016 to study the issue of an
expired Special Use Permit that continues to authorize the operation of a
private water collection system located in the San Bernardino National Forest
that allows Nestlé Waters North America (Nestlé or NWNA) to collect spring
water on a year-round basis from Strawberry Creek that infiltrates into
collection tunnels or horizontal wells and is transported through 4.5 miles of
4” steel water transmission pipes located on National Forest Service lands to
storage tanks located on private land. From 1947-2015, a total of 4,247,454,000 gallons of spring water
has been transported from these storage tanks by truck to be bottled and sold
as Arrowhead Mountain Spring Water. Special Use Permits from the Forest Service
for this system date back to 1929 when the quantity of spring water extracted
was not recorded.
A new
5-year Nestlé Waters North America Inc. Special Use Permit San Bernardino
National Forest Project Proposal #7285 (permit) was proposed on March 18, 2016
by the San Bernardino National Forest Supervisor who has the authority to
decide whether to issue the new permit, and if so, the terms and conditions to
be included.
To study this issue, the committee
asked specific questions about the expired and the proposed permit to the San
Bernardino National Forest Supervisor, Nestlé Waters of North America Senior
Sustainability Manager, the State Water Resources Control Board Division of
Water Rights and a retired San Bernardino National Forest biologist.
The committee then prepared
testimony from the responses provided by the parties listed above, as well as
official documents, and presented it to the public at an Informational Hearing on
Sunday, January 29, 2017 at the Twin Peaks Community/Senior Center.
Formal Position of
the League of Women Voters of the San Bernardino Area
At a
joint meeting of the membership and the Board of Directors on March 11, 2017,
the findings of the committee were presented and discussed. After additional
amendments, the Board of Directors adopted a formal position on Nestlé Waters
North America Inc. Special Use Permit San Bernardino National Forest Project
Proposal #7285.
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The
National Forest Service is responsible for the stewardship of the San
Bernardino National Forest’s natural resources. Responsible stewardship
includes careful weighing of available options. If the Forest Service
determines that the best stewardship includes permitting a private company to
extract water from national forest land, that extraction should be monitored to
ensure that no permanent harm is caused to the forest or to the citizens who
rely upon its resources. The focus should be on the public good, both now and
in the future.
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Basis for position: The League of Women
Voters US supports water management policies that promote stewardship of
natural resources.
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If
the proposed permit is issued, the League of Women Voters of the San Bernardino
Area (League) SUPPORTS the San Bernardino National Forest designing,
implementing and managing an Adaptive Management Plan that ensures water
extraction will be consistent with San Bernardino National Forest Land
Management Plan (LMP) standards. As the entity responsible to the public for
the management of the National Forest, the National Forest Service must design
and implement the plan and must monitor the results and make those results available
to the public. Furthermore, the League SUPPORTS that Nestlé Waters North
America Inc., as the sole beneficiary of the spring water exported from the San
Bernardino National Forest, pay the full costs of the Adaptive Management Plan
in addition to the permit fees.
Note: The proposed permit is silent on
who will design, implement and manage the Adaptive Management Plan and who will
pay for it.
Basis
for position: The League of Women Voters US supports water management policies
that promote stewardship of natural resources and supports that beneficiaries
pay the cost for water projects.
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If
the proposed permit is issued, the League of Women Voters of the San Bernardino
Area SUPPORTS an Adaptive Management Plan that also monitors the quantity of
water extraction on a year-round basis and the effect upon the affected
headwater environment under real-time climate variations. Furthermore, the
League SUPPORTS that Nestlé Waters North America Inc., as the sole beneficiary
of the spring water exported from the San Bernardino National Forest, pay the
full costs of mitigating any environmental impacts in addition to the permit
fees.
Note: The proposed permit is silent on
the quantity of water that Nestlé can extract on a year-round basis.
Basis
for position: The League of Women Voters US supports water management policies
that promote stewardship of natural resources.
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If
the proposed permit is issued, the League of Women Voters of the San Bernardino
Area SUPPORTS an Adaptive Management Plan that monitors the extent that
continued water extraction impacts well levels of adjacent property owners in
times of drought that are predicted 8 out of every 10 years in the 21st
century. Furthermore, the League SUPPORTS that Nestlé Waters North America
Inc., as the sole beneficiary of the spring water exported from the San
Bernardino National Forest, pay the full costs of mitigating any well level
impacts to adjacent property owners in times of drought in addition to the
permit fees.
Note: The proposed permit is silent on
this issue.
Basis
for position: The League of Women Voters of the San Bernardino Area supports
water management measures that are aimed at maintaining a reliable supply of
safe water to meet the needs of the San Bernardino area.
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If
the proposed permit is issued, the League of Women Voters of the San Bernardino
Area OPPOSES studying comparison sites in adjacent unmanaged drainages to
determine what conditions would exist in Strawberry Creek without water
extraction in the upper watershed (typically referred to as a “paired basin”
study).
Note: The Southern California Native
Freshwater Fauna Group points out the proposed permit should be modified, under
the Adaptive Management Plan, to study and create a more natural stream flow in
Strawberry Creek.
Basis
for position: The League of Women Voters US supports water management policies
that promote stewardship of natural resources. The public has a right to know about
proposed resource management policies and options.
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If
the proposed permit is issued, the League of Women Voters of the San Bernardino
Area SUPPORTS an annual permit fee for Nestlé Waters North America Inc. that is
commensurate with value of the water bottled and sold.
Note: The proposed permit is silent on
this issue.
Basis
for position: The League of Women Voters US supports water management policies
that promote stewardship of natural resources and supports that beneficiaries
pay the cost for water projects.
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If
the proposed permit is issued, the League of Women Voters of the San Bernardino
Area SUPPORTS immediate termination of permit operation if Nestlé violates any
of the terms.
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While
concerned stakeholders await the Forest Plan Amendment decision on the permit,
the League of Women Voters of the San Bernardino Area SUPPORTS local activities
that raise public awareness of the consequences of continuing to extract water
from the headwaters of Strawberry Creek that is bottled and sold.
Basis
for position: The League of Women Voters US believes that public understanding and cooperation are essential to the
responsible and responsive management of our nation's natural resources. The public
has a right to know about proposed resource management policies and
options. Officials should make a special effort to develop readily
understandable procedures for public involvement and to ensure that the public
has adequate information to participate effectively.
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The
League of Women Voters of the San Bernardino Area SUPPORTS an alternative to
the proposed Nestlé Waters North America Inc. Special Use Permit in San
Bernardino National Forest that removes groundwater at the bottom of the
watershed with horizontal wells as currently is practiced in the headwaters of
the watershed.
Note: The Southern California Native
Freshwater Fauna Group points out that there are numerous sites furthest
downstream in National Forest property that should be analyzed that appear to
pose no environmental impact, but would be easy to manage and monitor.
Basis
for position: The League of Women Voters US supports consideration of the
inherent characteristics and carrying capacities of each area's natural
resources and mitigation of adverse impacts.
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If
the San Bernardino National Forest Supervisor proposes issuance of a new,
5-year Nestlé Waters North America Inc. Special Use Permit San Bernardino
National Forest Project Proposal #7285 (permit) that fails to address the positions listed above, the League of
Women Voters of the San Bernardino Area OPPOSES the continued occupancy and use
of National Forest Service lands for the extraction and transmission of water
using the existing improvements and the continued operation and maintenance of
the current system that collects water on a year-round basis that infiltrates
under the influence of gravity into collection tunnels or horizontal wells for
transportation through 4.5 miles of 4” steel water transmission pipes located on
National Forest Service lands to storage
tanks on private land where from 1947-2015,
a total of 4,247,454,000 gallons
of spring water has been
transported by truck to bottling
facilities.
Basis
for position: The League of Women Voters US supports water management policies
that promote stewardship of natural resources.
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