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 December, 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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