On September 17^th 2001 the State Water Resources Control Board (SWRCB) conducted another hearing with the parties to a dispute that began fourteen years ago. They are The California-American Water Company (CAL-AM), The National Marine Fisheries (NMFS), The California Department of Fish & Game (CDFG), The Monterey Peninsula Water Management District (MPWMD), The Ventana Chapter of the Sierra Club (VCSC) and The Carmel River Steelhead Association Inc. (CRSA).

In 1987 the CRSA filed a complaint with the SWRCB alleging that water was being pumped illegally from the Carmel River. Five years later in 1992 SWRCB held the first hearing. In 1995 the SWRCB finally agreed that the pumping was illegal. CAL-AM was given time to find a new source of water and so came into effect Order 95-10 which required CAL-AM to first draw water from the downstream wells to ensure continual flow as far down the river as possible. The theory being that pumping from the lower (deeper end) of the aquifer would have a lesser effect on stream flow as long as water is released from the dams.

CRSA was dissatisfied with the order & sued the SWRCB. The other parties joined in the suit. A pre-trial settlement resulted in two studies to determine if water could be removed from farther down to allow the river to flow as far as possible. In 1999 the parties complained that the studies were flawed resulting in a new hearing on September 17^th 2001.

Before the hearing CAL-AM & NMFS met & signed an agreement without involving any of the other parties. Suffice it to say that the others felt left out. The SWRCB gave the parties until October 12 to try to resolve the issue of how the parties should interact. The agreement between CAL-AM & NMFS is a good start. CAL-AM has agreed that it can indeed make changes in its plumbing system & is willing to do so. The agreement however does not go far enough. It required CAL-AM to drill only one new well in the lowest section of the river & it is to be used only as a backup for one of their other wells in the vicinity. CRSA, CDFG, MPWMD, & VCSC all want the SWRCB to place more requirements on CAL-AM than the CAL-AM/NMFS agreement calls for.

The timing of SWRCB final action is not determinable. Superior Court Judge Silver has retained jurisdiction and may have to be called upon to resolve some of these issues. CRSA believes that a high volume collector Ranney ( instead of a traditional deep well), such as those in use on the Russian & Sacramento Rivers may provide the solution. CRSA has asked that the use of high volume collectors be studied. There is some indication that this will happen.

Everyone is not holding his or her breath!