Saturday, February 8, 2025

In California’s Inland Empire, a complex battle for groundwater rages: if the wells go dry, there are no winners.

The Indian Wells Valley sprawls across Inyo, Kern, and San Bernardino county lines in the northwestern Mojave Desert. Beneath it lies the Indian Wells Aquifer, a major groundwater deposit upon which the local communities rely. In the dry Mojave, groundwater is the primary source of water for domestic and agricultural purposes; few aquifers in California have been as significantly depleted as Indian Wells. 

When former Governor Jerry Brown signed the Sustainable Groundwater Management Act (SGMA) into law, the Department of Water Resources identified Indian Wells Valley as one of many "critically overdrafted" groundwater basins. In response, a Groundwater Sustainability Agency (GSA) was created to manage the basin. That agency is now embroiled in a seven-year fight against some of the basin's largest groundwater pumpers to keep their regulatory authority—and the authority of SGMA—intact. 

The GSA operates out of Ridgecrest, the Indian Wells Valley's largest community. With a population of nearly 30,000, the city is built around Naval Air Weapons Station China Lake, the U.S. Navy's largest landholding. Employing more than 5,000 military and civilian personnel and generating $36 million in state and local taxes, it is of vital importance to the Ridgecrest economy.

China Lake's website boasts of its "incredible access to natural resources and recreational activities," and of Ridgecrest's affordable housing, shopping amenities, and small town life. This description sits in stark contrast with nearby towns like Trona, an unincorporated community in San Bernardino county with a population well under 2,000 and a poverty rate roughly twice that of Ridgecrest. Devastated by a 7.1 magnitude earthquake in 2019, Trona is a community in recovery—eyewitnesses describe houses "cracked in half" and residents driven out. Trona native Marilyn McKee refers to it as a "dying town". (You can see photos of Trona on the blog here).

Trona Gun Club. Credit: Lisa R. Pruitt

Mural in Trona. Credit: Lisa R. Pruitt

Whether dying or recovering, Trona is heavily reliant on the neighboring Searles Mineral Company for jobs and domestic water; “With no Searles, there’s no Trona,” says another Trona resident, Regina Troglin. Perhaps unknowingly, she echoes Ridgecrest city attorney and counsel for the Indian Wells Valley GSA, Kieth Lemieux, who explained to the Los Angeles Times in 2024 that "without [China Lake], there's no Ridgecrest." Without water, of course, there is no China Lake.

Trona Picnic Area. Credit: Lisa R. Pruitt

Despite the parallel between these two communities, Searles argues China Lake has received more favorable treatment from the GSA in implementing SGMA. Searles has been required to pay a fee of $2,100+ per acre-foot of groundwater extracted, while China Lake has not; as a federal landholding, China Lake is essentially exempt from such fees. Nonetheless, vice president of operations for Searles, Burchell Blanchard, believes the fee could bankrupt the company, causing hundreds of employees (many of whom are Trona residents) to lose their jobs (see: San Bernardino County Sentinel, "Searles Valley Minerals Contesting Groundwater Authority's H2O use fees" for a full public statement from Searles).

These claims are part of an ongoing legal battle between Searles and the GSA. Joined by the Indian Wells Valley Water District and Mojave Pistachio, one of the largest pistachio-growers in California, Searles has triggered an 'adjudication,' a complex legal proceeding in which a court manually determines the individual groundwater rights of every stakeholder in the basin. The adjudication challenges the GSA's authority to impose fees and seeks to replace their technical plan to achieve groundwater sustainability in Indian Wells Valley—two of the GSA's essential functions.

Alongside several other state agencies, the GSA appealed to the California Supreme Court for an early ruling on the GSA's authority under SGMA. On January 29th, 2025, the court declined to take the appeal, meaning the adjudication will proceed and will be determinative of water rights in the basin.

This is certainly a victory for Searles and Mojave Pistachio. Perhaps it is also a victory for the people of Trona. But many smaller water users have been unable to participate in the adjudication, due to high legal costs. These users generally have much shallower wells than entities like Searles and Mojave, meaning theirs will be the first to fail if the valley cannot figure out a sustainable solution to its water needs. So as the adjudication drags on, and groundwater levels in Indian Wells Valley continue to decline, the question remains: what happens when those wells run dry?

3 comments:

Paul Hamann said...

It was interesting to read that many smaller water users were unable to participate in the adjudication due to high legal costs. This speaks to the issue of access to legal representation, or lack thereof, for those in rural communities. Many of these smaller water users will be ignored. With the Indian Wells Aquifer being over-drafted, it is only a matter of time before smaller domestic wells dry up and are unusable. Further compounding this issue is the fact that it is incredibly expensive to drill new water wells.

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Lev Boraz-Beaumont said...

Yes, part of the big problem with the adjudication is the potential to leave smaller users in the dust. A lot of the smaller users aren't just farmers; they're businesses, schools, etc. One of the preliminary issues the court had to grapple with here was whether or not the smaller users could be certified as a class. Ultimately, this wasn't possible; the court cited problems with notice, timeliness, and the fact that the interests of the smaller users could become adverse to one another over the course of the adjudication. Unfortunately, this means that some of them might be forced to sit out of the adjudication and could lose their water rights entirely as a result. I guess the upside is, they wouldn't have to shell out for a new well!