Decision released for Nestlé’s permit request

New permit includes a plan to restore the watershed.

SAN BERNARDINO, Calif. — A decision on a permit application from Nestlé Waters North America was released today by the Front Country District Ranger on the San Bernardino National Forest. A new three-year permit for occupancy and use of the national forest land within the Strawberry Creek watershed has been offered to Nestlé with measures to improve the watershed’s health, which is currently rated as “impaired.” Nestlé has 60 days to sign and accept the permit.

Today’s decision allows Nestlé’s current operation to continue, consistent with their water rights under state law, and includes new mitigation measures to provide for national forest resources. For example, surface water diversions and groundwater extraction will be allowed when there is water available consistent with the forest’s Land Management Plan. The permit’s duration allows forest officials and Nestlé to conduct additional studies to inform a longer-term decision.

“The decision ensures that the water withdrawal and conveyance infrastructure is under a current permit, and it provides for protection of forest resources, according to the Land Management Plan based upon the best available information at this time,” said Joe Rechsteiner, district ranger for the forest’s Front Country Ranger District, where Strawberry Creek is located. “We are mandated by law to balance multiple uses of the land, however challenging that may be.

The National Forest Management Act of 1976 requires the U.S. Forest Service, the agency that oversees the national forests, to provide for the multiple use of the products and services obtained from the national forests, including water. The new permit complies with those laws that seek to protect natural resources while allowing the public to sustainably use them. At the same time, this decision leaves any issue concerning the extent of Nestlé’s water rights to the State Water Resources Control Board, the California agency that has responsibility for managing water rights.

Nestlé’s operations on the San Bernardino National Forest are long-standing and have been permitted since 1929. The company owns and has been operating water collection tunnels, horizontal wells, water transmission pipelines and other infrastructure under the terms of a 1978 permit.

The new three-year permit may be extended for two one-year periods, should more time be needed to collect and analyze information. The company’s 60-day deadline to sign and accept the permit may also be extended at the discretion of the district ranger. The new permit is not subject to administrative review or appeal.

A copy of the decision and its supporting information are posted at http://go.usa.gov/cGyXH under the “Decision” tab.