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Order to release more water from Lopez Lake vacated, SLO County wins appeal

December 4, 2025

Lopez lake

By KAREN VELIE

The 9th Circuit Court of Appeals on Wednesday vacated a court order to release more water from Lopez Lake to support steelhead trout migration because of the rulings possible impacts on the California red-legged frog and tidewater goby—both Endangered Species Act-listed species.

In Dec. 2024, U.S. District Judge Sherilyn Peace Garnett sided with environmental groups with a goal of protecting a threatened species. She ordered San Luis Obispo County to increase the amount of water it releases from the Lopez Lake Dam each year to support steelhead trout migration through Arroyo Grande Creek for spawning in the watershed.

The water then runs into the Pacific Ocean.

The county appealed the decision on Jan. 24 arguing the additional water releases could lead to shortages during drought years. The county’s primary concern was protecting the water supply not the district courts failure to weight the impacts of its decision on other endangered systems..

While the district court summarized the evidence regarding the California red-legged frog and tidewater goby, it did not weigh the balance of equities or the public interest.

The district court’s analysis did not satisfy the standard for a mandatory preliminary injunction under the Endangered Species Act, the appellate court determined. On remand, the district court is ordered to weigh the evidence on all affected species.

“The court must weigh the balance of equities and the public interest solely as they bear on those
other species,” according to the appellate court’s decision. “Because the district court here did not do so, we vacate the preliminary injunction and remand for further proceedings consistent with this opinion.”

Lopez Lake not only provides water for Arroyo Grande, Grover Beach, Pismo Beach, Oceano and Avila Beach, it is also used to fight wild fires.

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Before the dam, 100% or the water flowed into the ocean. Build a dam and now you have to deal with the consequences of strait or queer developers, money laundering, foreign land speculators and sewer farms. Sadley this is exactly what the Sate wants for their taxes machine, and it is not bad enough here to compete with the big cities for the mitigation money needed to fix the traffic problems.


0

I find it amusing that the kind of people who are convinced in Darwinian evolution (strong species survive and weak die) scream and cry for saving dying species.


2

Really curious how these “endangered species” always seem to show up……everywhere they are suddenly looked for.


4

The taxpayer needs to be added to the Endangered Species list so that when governments wastes it’s resource, tax money, they can be sued.


31

Endangered species vs endangered species? Only in looney California! Lol

Hey , I’m for it , if it stops the mindless waste of our very limited resources.

Water – like energy- has been so gamed in our state by the same elites that run everything, is it any wonder living here is so expensive?

P. S. Before Lopez dam was built, the creek ran dry every year, including spawning season.


61

P.S. Wrong. Vasquez Creek and Phoenix Creek feeding Lopez Lake would run dry, lower Arroyo Grande Creek was perennial. Very similar to SLO Creek, dry tributaries in the summer but perennial flow starting at Cuesta Canyon County Park. The homeless were taking steelhead at their encampments along the Bob Jones Homeless Trail a few years ago. Arroyo Grande Creek rarely ran dry through the city and downstream.


-1

I’ll take the wildlife over the vineyards and new mega mansions any and every day! Has anyone else spotted the developments going on behind and surrounding Lopez? Any water diverted for that would only be going to the multi millionaires vacation homes that are infecting our rural communities. This is a win for the middle and lower class!


-7

The dam was built for farming, refilling the aquifer, and water supply to the 5 Cities. That’s ALL is was built for.


Until the dam was built, Arroyo Grande creek ran dry in the Summer and Fall.


5

I would enjoy hearing the details on your view of new homes being built as you decry above and how that is a win for middle and lower class folks.


2

The homes being built on the outskirts of town are not the mobile home kind but the mega mansion kind, priced in the multi millions… No one in the lower or middle class is moving in, out there. Go for a drive deep on Huasna rd, you’ll see exactly what I mean :/

Anywhere and everywhere though, if you see a “private road” sign, turn in there.


1

I see. You favor mobile homes. Perhaps California should outlaw second homes?


0