California Water Wars - Mono Lake

Mono Lake

By the 1930s, the water requirements for Los Angeles continued to increase. LADWP started buying water rights in the Mono Basin (the next basin to the north of the Owens Valley). An extension to the aqueduct was built, which included such engineering feats as tunneling through the Mono Craters (an active volcanic field). By 1941, the extension was finished, and water in various creeks (such as Rush Creek) were diverted into the aqueduct. To satisfy California water law, LADWP set up a fish hatchery on Hot Creek, near Mammoth Lakes, California.

The diverted creeks had previously fed Mono Lake, an inland body of water with no outlet. Mono Lake served as a vital ecosystem link, where gulls and migratory birds would nest. Because the creeks were diverted, the water level in Mono Lake started to fall, exposing tufa formations. The water became more saline and alkaline, threatening the brine shrimp that lived in the lake, as well as the birds that nested on two islands (Negit Island and Paoha Island) in the lake. Falling water levels started making a land bridge to Negit Island, which allowed predators to feed on bird eggs for the first time.

In 1974, David Gaines started to study the biology of Mono Lake. In 1975, while at Stanford, he started to get others interested in the ecosystem of Mono Lake. This led to a 1977 report on the ecosystem of Mono Lake that highlighted dangers caused by the water diversion. In 1978, the Mono Lake Committee was formed to protect Mono Lake. The Committee (and the National Audubon Society) sued LADWP in 1979, arguing that the diversions violated the public trust doctrine, which states that navigable bodies of water must be managed for the benefit of all people. The litigation reached the California Supreme Court by 1983, which ruled in favor of the Committee. Further litigation was initiated in 1984, which claimed that LADWP did not comply with the state fishery protection laws.

Eventually, all of the litigation was adjudicated in 1994, by the California State Water Resources Control Board. The SWRCB hearings lasted for 44 days and were conducted by Board Vice-Chair Marc Del Piero acting as the sole Hearing Officer. In that ruling (SWRCB Decision 1631), the SWRCB established significant public trust protection and eco-system restoration standards, and LADWP was required to release water into Mono Lake to raise the lake level 20 feet (6.1 m) above the then-current level of 25 feet (7.6 m) below the 1941 level. As of 2011, the water level in Mono Lake has risen 13 feet (4.0 m) of the required 20 feet (6.1 m). Los Angeles made up for the lost water through state-funded conservation and recycling projects.

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