"Nestlé is drying up springs and streams and damaging a watershed"

“Nestlé, the world’s largest bottled water company, continues to take millions of gallons of free water from the San Bernardino National Forest two hours east of Los Angeles, 17 months after California regulators told them they had no right to much of what they'd taken in the past. And federal officials are helping them do it, despite concluding Nestlé is drying up springs and streams and damaging a watershed.

“The company says it is legally entitled to every drop, and is ‘sustainably collecting water at volumes believed to be in compliance with all laws and permits at this time,’ according to emailed responses to questions from The Desert Sun.

“The company reported piping 139 acre-feet — or 45 million gallons — of water from the springs and slopes of the popular national forest last year as part of its Arrowhead brand operations. They were required to pay about $2,000 for a new federal permit, but no fees for the water, which is theirs to use for retail sale. Some conditions were imposed in a management plan that they originally drafted, which was signed in March by the forest's district ranger.

State rights

“The state’s top water rights enforcer said in a recent interview that while he and his staff had advised the multinational company in December 2017 not to continue taking unauthorized water, it will take at least another six months for his team to finalize their investigation, and, if necessary, issue penalties…

Nestlé SA, headquartered in Vevey, Switzerland, is the world's largest food company, according to a spokesman, and its Paris-based subsidiary Nestlé Waters is the largest bottled water company. Its profits were a reported $10.5 billion last year.

“With 87 locations in 33 countries, the company bottles and sells several other spring water brands, such as Deer Park, Ice Mountain and Poland Spring. It relies on sites in California, Colorado and Canada for its Arrowhead label, distributed across the West Coast…

“State and federal agencies began examining Nestlé’s bottled water operation in the San Bernardino National Forest following a 2015 investigation by The Desert Sun, which revealed that federal officials were allowing the company to draw water from the forest with a permit that listed 1988 as the expiration date and without examining impacts on the environment, during a prolonged drought. The reporting prompted petitions, protests, a lawsuit against the U.S. Forest Service and multiple complaints to the state water board.

“Nestlé has insisted it holds rights to the water that are ‘among the most senior’ in California. The company could appeal any enforcement decision, triggering an in-depth hearing before the entire water board, which has the authority to make the final call. If the board concludes a company was taking water wrongly and they refused to comply, the matter could be referred to the state attorney general…

Extraction damages natural resources

“The watershed is currently ‘impaired’ according to earlier studies validated by federal officials. ‘The current water extraction is drying up surface water resources (springs and streams) that would have normally been perennial water resources,’ and ‘this extraction of water... is not in accordance’ with a land management plan, federal staff concluded in 2018.’…

“‘We believe the right place for this water is in the San Bernardino National Forest, not in Arrowhead's plastic bottles,’ said O'Heaney in an email.  ‘The Forest Service has a duty to maintain the Forest for generations to come. And while it is right to have finally taken action after years of ignoring Nestlé's water removal, the only way to fully restore Strawberry Creek is to let these waters flow freely. Our goal shouldn't be an ecosystem 'at risk,' it should be a thriving Forest.’

“Steve Loe, a retired biologist who worked for the U.S. Forest Service for more than 30 years, including on the San Bernadino forest, said of the decision to let them keep taking water, ‘it stinks.’ He said a wet winter like this year's would have been the perfect time to allow the creek to begin to recover and provide critical habitat for diminishing wildlife, including three songbirds, the speckled dace fish and the mountain yellow-legged frog…

“Despite opponents’ requests, many of the federally required surveys will be conducted by Nestlé or its paid consultants. The results could also be kept private, based on proprietary claims by the company, although they will be shared with officials. Forest staff retain the right to do inspections and to make modifications…”

Janet Wilson is senior environment reporter with the Desert Sun, and authors Climate Point for USA TODAY. She can be reached at janet.wilson@desertsun.com and @janetwilson66. Arizona Republic reporter Ian James contributed to this report.