The Orange County Water District (OCWD) is encountering significant public opposition regarding its ongoing use of heavy equipment, including bulldozers, for maintenance activities within the Santa Ana River. During a recent Board of Directors meeting, a dozen public commenters voiced concerns about potential harm to wildlife and habitat. In response to these concerns, OCWD Director Erik Weigand called for staff to prepare and present a detailed overview of the work at an upcoming water board meeting, aiming to clarify the district's operational practices.
OCWD General Manager John Kennedy explained during the board meeting that the maintenance is an annual effort to prepare the river for the winter season. This preparation, he stated, is crucial for capturing millions of dollars worth of water for recharge and subsequent sale to cities across Orange County. Kennedy noted that the district has conducted this maintenance "for many years to help keep the river and our recharge facilities ready to capture and recharge water when it becomes available." He also specified, "We schedule this work outside the primary bird nesting season."
Despite the district's statements, the California Department of Fish & Wildlife (CDFW) issued a violation to OCWD in July. The violation was for illegally bulldozing a migratory bird nest in the Santa Ana River, an action the water district is currently contesting. Public commenters at the board meeting urged officials to halt the ongoing work, describing the bulldozing as "very inhumane" and "rough to watch." They highlighted that many bird species residing in the river are protected under the Migratory Bird Treaty Act. Activists pointed out that online videos depicting the work have generated negative public perception.
The controversy follows successful past efforts by Creek Team activists who challenged OC Public Works regarding the use of herbicides in county waterways. Now, Creek Team is actively campaigning against OCWD's river maintenance, arguing it destroys critical bird habitat. Carol Ann Hunt, a member of Creek Team, asserted that treating waterways and riparian habitats as if they can simply be removed is not only against guidelines but also "morally and ethically reprehensible."
A key point of contention centers on the interpretation of OCWD’s Streambed Alteration Agreement with the CDFW. OCWD's reading of the agreement permits routine maintenance, including the construction and repair of sand levees using heavy machinery. General Manager Kennedy indicated that the agreement has historically been interpreted by all parties as allowing such bulldozing for maintenance. He expressed some surprise at the intensity of the public reaction, stating, "It’s kind of surprising to us, all the kind of uproar here lately." Kennedy also took issue with videos published by Creek Team, suggesting they were intended to incite public sentiment.
However, Brent Linas, co-founder of Creek Team, maintains that while the agreement allows for building sand levees, it contains prerequisites that do not permit wholesale destruction or scraping of the riverbed and its vegetation. Linas stated that the water district is using the sand levee clause to justify more extensive vegetation removal. Efforts to obtain clarification from CDFW officials via email last week were unsuccessful.
At the recent board meeting, Linas cautioned directors against continuing the current work. He indicated that Creek Team is prepared to organize opposition against board members’ election campaigns if the bulldozing continues, signaling a potential shift in accountability for the district. Bethany Nelms, another co-founder of Creek Team, presented documentation to the board, arguing that bulldozing the river for water absorption is counterproductive. She stated, "Your studies show soil and sediment compaction could adversely affect recharge rate," and added, "Your own documentation shows this sediment disruption is inefficient." Irvine resident Adriana Graham also expressed her concern, describing the scenes in the videos as "very inhumane."
During the board discussion, Director Steven Sheldon questioned whether Creek Team members had sought a meeting with General Manager Kennedy, suggesting that "intelligent members of the community" would have done so. However, Director Erik Weigand clarified that he had previously discussed these concerns with Linas at a city council meeting. It was Director Weigand who subsequently requested the agendized presentation to address the concerns raised by the community. General Manager Kennedy later confirmed that this presentation would serve as the board's method for further discussing the public concerns. Linas, however, expressed skepticism about the presentation's value, stating, "It’s not even enough, it’s nothing. It’s propaganda," drawing parallels to past experiences with OC Public Works.
The upcoming presentation will bring OCWD's ongoing operational practices and the community's environmental concerns to the forefront at a future OCWD board meeting, keeping the ongoing debate under public scrutiny.
