A significant amount of Nestlé’s water diversions in the San Bernardino National Forest are unauthorized, state water rights investigators say.
The Swiss-based company has been diverting an average of 192 acre feet of water per year from the forest, which is more than the 26 acre feet it is allowed under its current water rights, according to a report released Thursday, Dec. 21, by the State Water Resources Control Board’s Division of Water Rights.
“As the people of California grieve the loss of life, livelihood, and land that has been devastated by this year’s tragic wildfires, we have a moral imperative to safeguard water,” said Michael O’Heaney, executive director of the Story of Stuff Project, one of several environmental groups opposed to Nestlé’s operations, in a news release. “This ruling shows that our precious resources must be managed with consideration for the needs of the environment and future generations.”
The water rights division launched an investigation into Nestlé’s water rights after receiving several complaints, and an online petition, related to the company’s diversion of water from Strawberry Creek for bottling under its Arrowhead brand.
The complaints, which date back to April 2015, accuse Nestlé of diverting water without rights, unreasonable use of water, injury to public trust resources and incorrect or missing reporting.
Some of the complaints also expressed concern over the impacts the diversion had during the state’s historic drought.
During its investigation, the water rights division found that Nestlé has the right to divert up to 26 acre feet of water per year, but any diversions beyond that may be unauthorized, according to the report.
Investigators, however, found that Nestlé may have some groundwater claim in an unknown amount.
The water rights division has recommended that Nestlé stop its unauthorized diversions immediately and take several actions to bring its operations into compliance. Alternatively, the company can provide evidence supporting its diversions within the next 30 days.
In an emailed statement, Nestlé Waters North America spokesperson Alix Dunn said the company viewed the state’s decision as a reaffirmation of its rights to a “significant amount of water” in Strawberry Creek.
“We are pleased that they have confirmed we have a right to these ‘authorized diversions,’ and we will continue to operate lawfully according to these existing rights and will comply fully with California law,” Dunn said in the statement. “We look forward to cooperating with the (state) during the review process and to providing the necessary documents to supplement the (state’s) report, including producing information requested from over a century ago, to the extent that it is available.”
Arrowhead brand water has been sourced from the springs for more than 120 years, according to Dunn.
“We take our responsibility as a California water steward seriously, and our successful operations for more than a century point to our commitment to long-term sustainability,” Dunn said.
While no enforcement action is being taken against Nestlé at this time, the state water board may initiate enforcement action for unauthorized water diversions.
“They have rights, but they don’t appear to have the full extent of rights to support all the diversions they have been making,” said David Rose, from the board’s Office of Chief Counsel. “And, they either need to stop if unauthorized or need to show it’s not unauthorized.”
