The Orange County Water District (OCWD) is continuing its work to remove plant life from the Santa Ana River using heavy equipment, efforts that have drawn significant opposition from concerned residents and environmental activists, including the group Creek Team.
Last week, the OCWD Board of Directors heard from a dozen public commenters expressing concerns about wildlife harm caused by the river work. General Manager John Kennedy stated during the meeting that this work prepares the river for the winter season, aiming to capture millions of dollars of water to be sold to cities across the county. Kennedy explained that the district has performed this work for many years to ensure recharge facilities are ready for water capture, and that heavy equipment, including bulldozers, is necessary for certain tasks. He also noted that this work is scheduled “outside the primary bird nesting season.”
However, the district received a violation in July from the California Department of Fish & Wildlife for illegally bulldozing a migratory bird nest in the Santa Ana River. The OCWD is currently contesting this violation.
Public commenters urged officials to stop the work. Irvine resident Adriana Graham described online videos of the work as “very inhumane” and expressed fear for birds near the bulldozers. Other commenters noted that many birds residing in the river are protected species under the migratory bird treaty act. Activists highlighted that the online videos portraying the work do not cast the OCWD in a favorable light.
Carol Ann Hunt, a member of Creek Team, publicly stated that treating riparian habitats as disposable is both against guidelines and “morally and ethically reprehensible.” The controversy follows Creek Team activists successfully halting OC Public Works' use of herbicides in county waterways.
At the core of the dispute is the interpretation of the OCWD’s Streambed Alteration Agreement with California’s Department of Fish & Wildlife. According to the water district’s reading, the agreement allows for routine maintenance in the Santa Ana River. However, it also states that the district is not permitted to disturb or remove sediment or vegetation from the river. Simultaneously, the agreement allows the water district to build and repair sand levees in the Santa Ana River, specifically noting that heavy machinery can be used for their creation.
In a Thursday phone interview, General Manager Kennedy maintained that the agreement has consistently been interpreted as permitting the OCWD to bulldoze the Santa Ana River for maintenance. He expressed surprise at the recent “uproar,” suggesting that Creek Team's videos were designed to “get people in the public worked up.”
Brent Linas, co-founder of Creek Team, asserted in a Thursday phone interview that the water district is relying on the sand levee clause in the agreement to justify removing river vegetation. Linas stated that there are clear prerequisites to such work, implying that it does not grant permission to indiscriminately clear the river.
Officials with the California Department of Fish & Wildlife did not respond to an email last week seeking clarification on the water district’s permit.
Beyond permit interpretation, Bethany Nelms, another co-founder of Creek Team, cited the OCWD’s own documentation, claiming it shows that bulldozing the river for water absorption is ineffective. Nelms stated during last week's meeting that the district’s studies indicate soil and sediment compaction “could adversely affect recharge rate” and that its own documentation shows this disruption to be inefficient.
During the board meeting, Director Steven Sheldon questioned whether Creek Team members had requested a meeting with General Manager Kennedy, suggesting that “intelligent members of the community” would contact the district directly with major concerns. Linas, from the audience, responded that the board was spreading misinformation regarding communication from Creek Team members.
Director Erik Weigand corrected Sheldon, confirming that he and Linas had discussed concerns at a recent city council meeting. Weigand, mindful of the Brown Act, requested that staff agendize a presentation on the Santa Ana River work for public viewing at the next water board meeting.
General Manager Kennedy confirmed in a Thursday phone interview that this presentation would serve as the board’s forum for further discussion of public concerns. However, Linas dismissed the upcoming presentation, stating in a Thursday phone interview that it was “nothing” and “propaganda,” comparing it to previous encounters with OC Public Works where presentations were used to lend an “official stamp of approval.” Linas also cautioned the board directors at their meeting against continuing the river work, stating, “that bird’s nest you crushed will officially have a seat at the table,” and indicating Creek Team would research and organize opposition against board members’ election campaigns if the bulldozing persists.
