Recent appeals court ruling is still an overall victory for conservationists

June 3, 2025

The Gateway Rocks, photo by Elias Funez

In spite of some recent news claiming that the proposed Del Puerto Reservoir agribusiness water storage project that would destroy much of the eastern canyon is moving forward, the appeals court ruling earlier this year was actually a victory overall for those wanting to stop it and protect the pre-existing plans to acquire the area around the Gateway Rocks for a new public park. While the initial ruling that found Del Puerto Water District's data on realigning the public roadway to be deficient was reversed, the appeals court also found that their environmental impact report (EIR) failed to adequately account for downstream impacts to land-based wildlife. There are also many other native species in the area that depend on cycles of wet and dry periods created by the current natural variation in creek flow.

The sections of Del Puerto Creek downstream of the proposed reservoir, along with connections to other areas that receive water from its current seasonal flows, stretch a lot further and are more complex compared to the proposed roadway realignment and will likely involve much longer survey work on the part of Del Puerto Water District. So the overall EIR was still found to be deficient, and Del Puerto WD still has to go back to the drawing board to do the necessary follow up studies and produce a revised draft that includes this data in order to push their proposal forward.

Growing support for conservation efforts in the Diablo Range

The Diablo Range has long been eyed by many groups as an area of focus for state-level conservation initiatives. Recently, as described by Save Mount Diablo, Assembly Bill 1426, which would both formally establish a Diablo Range program within the California Conservation Board and identify the Diablo Range as an area of state conservation priority, was approved by a 12-1 margin by the California Assembly Committee on Natural Resources. While ultimately withheld due to the state's budget deficit, the large amount of support it received from members of the legislature and the public shows that, in spite of a few who see it as a disposable commodity to develop for agribusiness support services, there is broad state-wide interest in conserving this area. State-level interests will likely pursue future initiatives to better conserve and study the Diablo Range.

Along with Del Puerto Canyon's longstanding popularity by various segments of the state’s outdoor recreation and educational communities, this heightened interest in protecting the Diablo Range wasn't exactly a secret. For instance, a Bay Nature Magazine article published around the time that Del Puerto WD was just starting to introduce their proposed reservoir to the public features many conservation experts and researchers identifying the region as being high on the list for future efforts to both further study and protect it from potential development.

This elevated attention for land conservation in the area is welcome news for those fighting for the new park and the eastern section of Del Puerto Canyon, along with increased potential for logistical support for municipalities and NGOs trying to acquire and protect open spaces as public parks or land trusts.

Potential economic benefits for Patterson if regional conservation plans are successful

Elsewhere, places like the Golden Gate National Recreation Area, which were saved due to successful conservation battles against proposed developments, have become economic assets for neighboring communities in terms of diversified jobs and diversified economic revenue. Yosemite, perhaps the most well known of California's parks, brought in almost $500  million in 2018 and supported over 6,000 jobs for so-called "gateway" communities within 60 miles of it. A 2024 study also found the national forest system next to it brings in roughly $313 million in annual revenue for local communities. The Diablo Range is approximately 5 times the size of Yosemite. A linked network of state, county and city parks, land trusts, and other types of conservation areas to support various types of activities, including some historic and lower impact forms of ranching and agriculture, could be a win for the city of Patterson right next to the entrance of Del Puerto canyon off of Interstate 5 if the city council were to get on board.

Patterson was founded by agribusiness and rural landowning interests, and it will continue to be  an important source of seasonal agricultural workers. However members of its growing and increasingly diverse population also want and deserve different types of recreational, educational, and vocational opportunities.

Increasing controversy for California water districts like Del Puerto WD

There are growing calls from legislators, NGOs, and academics for more regulations to limit the degree to which water districts can make broad decisions over the allocation of resources like public tax dollars and state water supplies, increase opportunities for wider public oversight, and compel them and their business partners to align their objectives with state conservation goals. This also includes steps to sometimes reduce the demand for water for non-potable uses.

The proposed Del Puerto Reservoir and the tactics used to attempt to push it past comprehensive community and environmental review is not the first time Del Puerto Water District has drawn controversy. In 2014, it was party to a deal to receive transfers of groundwater from Merced, which was met by public outcry because of their attempts to get it classified as a "pilot project" to avoid having to do a full environmental review and potentially enriching two private landowners. 

Given these past actions, the number of large-scale landowners on Del Puerto WD’s board, their initial PR campaign’s focus on limiting current roadside recreation outside of Frank Raines Park, and the relatively marginal capacity of the proposed reservoir, is Del Puerto Reservoir just about water for agribusinesses on the west side and down south of Patterson? Or is it also a means for some interests to both control potential land acquisitions by the city and to discourage visitors who might back land conservation efforts spearheaded by other state entities or NGOs that may differ from the water district’s plans?  

Del Puerto Water District can potentially find other options to supply water for its agribusiness partners without interfering with the pre-existing plans for the city park. It has both an extensive geographic footprint and network, which has included arrangements to receive transfers of banked groundwater and to bank water in nearby existing reservoirs for later use. These existing water storage facilities include other expansion projects competing for the same state funds allocated to improving water infrastructure that would, unlike Del Puerto Reservoir, also more directly enhance potable water supplies. In addition to supporting proposed expansions of neighboring reservoirs and arranging to store its agricultural water in them instead of building Del Puerto Reservoir, soil groundwater banking maps show several geologically favorable areas in and around the water district's operating area that could be used for on-farm groundwater recharge.   

The fight to Save Del Puerto Canyon is still on.

Those who wish to join Save Del Puerto Canyon’s conservation efforts can visit www.savedelpuertocanyon.org. Save Del Puerto Canyon has also received a $5,000 matching challenge donation offer. Donations to Save Del Puerto Canyon can be made through the Go Fund Me managed by the Sacramento Green Incubator.

*On June 5, 2025, an addition was made to the article to acknowledge an announcement about the status of AB 1426 that was shared with the general public on June 4, 2025.

*Disclaimer added on June 17, 2025: As collaborative efforts, the views, tone, statements, and other content in each article are not completely attributable to any single author. Unless stated otherwise, the sharing or distribution of these articles by any co-author or group member shall not be implied as a complete endorsement of all views or statements contained in each piece. Likewise, stated viewpoints on the actions of particular agencies, groups, or entities are independent of those of the individual co-author(s) or group members unless stated otherwise.