Feds, state and Nestle tussle over water rights in San Bernardino mountains

The U. S. Forest Service, the state Water Resources Control Board (SWRCB) and Nestle Waters North America are currently at odds over Nestle’s continued piping of water from the San Bernardino National Forest in order to produce Arrowhead Mountain Spring Water. The controversy stems from a permit that expired in 1988.

Nestle has operated pipelines and horizontal wells in the San Bernardino mountains since 1929. The U.S. Forest Service last issued Nestle a permit in 1978. Though that permit expired 28 years ago the Forest Service has indicated that permits remain in effect until they are renewed or denied.

Now, the California Water Resources Control Board has initiated an investigation into Nestle’s on-going pumping and water rights in Strawberry Canyon. The public outcry over Nestle pumping water for their commercial sales, with only an expired permit, during California’s drought has also raised a public debate regarding potential harm to the environment and wildlife along Strawberry Creek. Opponents want a scientific review of the area’s ecosystem.

In March the U.S. Forest Service proposed granting the company a new five-year permit to continue operating its wells and pipelines in Strawberry Canyon. Nestle contends that the Forest Service’s terms for issuing the new permit is overstepping its authority and infringing on Nestle’s long-standing water rights.

“The action proposed by the Forest Service would disrupt established water rights and the long-standing legal process of regulating water use in the state of California,” contends Nestle in a statement issued late last week.

The statement continued with, “The proposals currently being suggested by the Forest Service would create a situation in which the federal government overrides more than a century of California law. This would have potentially far-reaching consequences for businesses, agencies, individuals and other water rights holders throughout the state.”

For its part the California Water Resources Control Board has now initiated an analysis over Nestle’s water rights.

“We have launched an investigation into the basis of their water rights in Strawberry Canyon within the San Bernardino Mountains” said Time Moran, spokesman for the state Water Resources Control Board. He indicated that Nestle has complied and the documents they have supplied are being evaluated.

Nestle withdrew 36 million gallons of water late last year from Strawberry Canyon to produce its Arrowhead Mountain Spring Water. Nestle contends it owns the rights to collect spring water and those rights are “among the most senior water rights” in California.

Nestle’s ownership of the Strawberry Canyon water dates back to 1865 by David Noble Smith who built an “infirmary” hotel for people seeking relief from their pains and conditions in hot springs. Smith obtained a U.S. patent which was recorded in 1882. Water rights were last upheld in court in 1931 and have not been challenged since then.

As for the state’s investigation, Jane Lazgin, director of media and public relations for Nestle, said, “We are not aware that the SWRCB has opened a formal investigation. She continued saying, “From time to time, the board asks questions, and we are happy to provide the board with the requested information to the extent it is in our possession.”