Two large groups representing North Coast grape growers said Friday they are likely to voluntarily comply with rules designed to protect endangered fish in the Russian River, even though a judge has put the controversial regulations on hold.
But it's unclear whether other growers, who farm more than half of the 23,050 acres in the Russian River watershed, would follow their lead as they head into a critical time of year when water is commonly used to protect crops from frost.
A ruling Thursday by Mendocino County Superior Court Judge Ann Moorman halted enforcement of new state rules that regulate the use of water along the Russian River. The rules prohibit growers from spraying their crops with water during frost season unless they have submitted plans that outline the steps they will take to protect the river.
Growers have challenged the rules in two lawsuits, which are scheduled to be consolidated in Mendocino County in March. Moorman's ruling prevents the state from enforcing the rules until the case is decided in court.
In the meantime, many growers intend to voluntarily comply with the water demand management plans they have submitted to the state.
"I think that we're going to just go on ahead, because we have a point that we're trying to prove, and we've been doing this voluntarily for the past three years," said Al Cadd, president of Russian River Property Owners Association, which includes about 45 growers who manage 2,300 acres primarily in Alexander Valley.
Cadd's group has been monitoring water levels on the Russian River for the past three years to determine just what impact they may have on the river and its fish.
"I don't see any reason to stop at this point," he said.
The State Water Resources Control Board declined to answer whether it would appeal two rulings Thursday that put the regulations on hold and transferred the case to Mendocino County, saying it does not comment on pending litigation. It won't require growers to follow the rules while the stay is in effect, but it will assist those who choose to do so voluntarily, said Kathie Smith, spokeswoman for the water board.
"Yesterday's decision was not a decision on the merits," Smith said. "Regardless of whether the State Water Board appeals the stay or the transfer, it will vigorously defend the merits of the regulations at next month's anticipated trial."
The trial is scheduled to begin on March 23. Typically, the frost season runs from mid-March to mid-May.
The state required growers to submit a water demand management plan, outlining among other things the names of growers and a governing body, and a schedule for completing frost inventory and a stream monitoring program, which growers could submit individually or as a group.
More than 100 water demand management plans were submitted to the state by the Feb. 1 deadline, said Jim Kassel, assistant deputy director of water rights. Most of those were from individual growers who filed their own plans, while only nine of the submissions were from groups. The regulations require that growers measure their cumulative impact on the river, which is why group participation was encouraged.
"It makes a lot more sense for growers to get together and submit a plan," Kassel said. "Especially for growers on tributaries to the main stem, many of them that I've spoken to don't even know who their neighbors are."
The first group to obtain approval, the Russian River Water Conservation Council, includes 39 growers who farm 7,000 acres of vineyards in the frost protection regulation area.
Pete Opatz, vice president of Silverado Premium Properties and the council's leader, was signing up new members to join the group early in the week. Now, he plans to take a few days to see what happens in the courts, and discuss next steps with other members of the group.
"The issue is not going to go away by any means, so I think we will remain proactive and move ahead in terms of what we're doing," Opatz said. "We're in uncharted waters right now, so we'll navigate very carefully."
Other growers, like Duff Bevill, founder of Bevill Vineyard Management, held off on submitting a water demand management plan because of the pending litigation. He said growers haven't received credit for the proactive work they've done to improve water quality in the Russian River watershed, such as switching to no-till farming, a method that reduces erosion.
"We don't break the soil open every spring, like all of us used to do years ago," Bevill said. "The water leaves property crystal clear. No one legislated that, we did that voluntarily."
Cadd's group has been monitoring water levels in the river for the past three years, using four gauges they placed in the main stem of the Russian River, and nine gauges they placed in three of the river's tributaries. They also monitor water levels in wells. This year, they're planning to place a gauge in a stream that isn't adjacent to vineyards, to offer a basis for comparison.
"We are quite sure that we're not hurting the fish up here," Cadd said. "Our data that we've collected so far indicates that we're not hurting the fish, but we haven't had enough frost events yet to prove it. ... To convince each other, we're going to have to do a lot more."
The last stranded fish documented by the National Marine Fisheries Service was a steelhead found last May on the west branch of the Russian River, in the lower Redwood Valley area, said David Hines, water policy coordinator for the National Marine Fisheries Service.
Growers have consulted with the National Marine Fisheries Service while crafting their plans. Hines said he had anticipated everyone would just walk away from the process if a judge issued a stay.
"But I've been pleasantly surprised that several of the larger growers have called to reaffirm their commitment to working with us," Hines said.
The Sonoma County Board of Supervisors, which was set to revisit its frost protection program Tuesday in light of the new state rules, has postponed that discussion until March, according to its website.
Meanwhile, Cadd and his colleagues continue to collect data from their stream gauges and consult with scientists, as they have all year.
"We do not feel that we're hurting fish, but if we find out that we are, we certainly intend to correct it," Cadd said. "We get the impression that people believe you're either an environmentalist or you're a grape grower, and you can't be both. But it's not true."
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