A settlement agreement has opened a hopeful chapter for the highly endangered San Bernardino kangaroo rate (SBKR). Hundreds of acres of floodplain deprived of water flows by Seven Oaks Dam will be rejuvenated.  



The SBKR relies on a dynamic, meandering floodplain, which periodically creates fresh “early successional” habitat. The 2002 construction of the dam largely doomed the largest population of the animal, creating a “dead man walking” scenario on thousands of acres of land. US Fish and Wildlife Service (FWS) permitting appropriately called for dam releases and channel diversions. But in the absence of time-based requirements to implement the measures, the Corps and the flood control districts that operate the dam did not embark on them.

At the end of 2016, EHL and the Center for Biological Diversity sued the Army Corps of Engineers for not “re-consulting” with FWS over ongoing impacts to the SBKR and other endangered inhabitants of the river, like the Santa Ana suckerfish. The flood control districts intervened on behalf of the Corps and two water supply districts intervened on behalf of EHL and CBD, primarily to protect their interest in groundwater recharge.

To see if solutions could be reached, the water districts and EHL conducted studies to see what kind of water releases or stream diversions might help the animal. The studies showed that dam releases by themselves would not be large enough to overtop the banks and “reactivate” the floodplain. However, flow diversions onto former floodplain could restore habitat on an incremental basis.

After years of arduous but good faith settlement talks and mediation, all the parties finally came together on a precedent-setting program for habitat restoration. The acreage goal in the original federal permit of 200 acre will be doubled, and more can be done if the parties agree. A collaborative technical committee, including EHL, will develop projects for approval by the flood districts and Corps. Minimum target rates of restoration provide accountability. The original mitigation area for the dam and, with landowner consent, adjoining district-owned properties, are eligible. All flood control requirements will be met and the dam will also be operated to facilitate groundwater recharge.

At the end of the day, the success of the effort will be based on collaboration. We don’t yet know the full feasibility of the restoration measures, and all these techniques are experimental. The effects on the SBKR will be monitored closely. EHL is committed to working within this new partnership of water and flood control districts on a multi-decade endeavor which can set a precedent for restoring damaged ecosystems and maintaining the benefits of infrastructure. The future of the SBKR and its community of life absolutely depend on it.

EHL sincerely thanks our biological consultants and the Center for Biological Diversity, which represented us throughout the process. We also appreciated working closely with our two water district allies, the San Bernardino Valley Municipal Water District and the San Bernardino Valley Water Conservation District, whose constructive roles were essential.