Oct. 3, 2024

Marin Water’s Statement in response to a Temporary Restraining Order issued Oct. 3, 2024, preventing the start of the District’s new Trail Sharing Pilot and E-Bike Class I Trial programs on the Mount Tamalpais Watershed:

Following the Marin Water Board of Directors approval of the Trail Sharing Pilot and E-Bike Class I Trial programs on the Mount Tamalpais Watershed, Marin Water has been working diligently to prepare for implementation of both programs, which were set to begin this week. 

On Tuesday, October 1, 2024, the California Native Plant Society, the Marin Audubon Society and the Marin Conservation League filed a lawsuit against Marin Water alleging that Marin Water failed to comply with the California Environmental Quality Act (CEQA) in its adoption of these program and sought a temporary restraining order to stop Marin Water’s implementation of the Trail Sharing Pilot and E-Bike Class I Trial. On Thursday, Oct. 3, 2024, the Marin County Superior Court issued a Temporary Restraining Order temporarily halting the initiation of these programs by Marin Water. This means that the status quo rules remain in place on the Mt. Tam Watershed until the order is lifted or amended by the court. 

While we are disappointed that our plans have been postponed, Marin Water respects the decision of Judge Andrew Sweet and will adhere to his direction to pause implementation of the programs. We request that all visitors to the watershed please adhere to the court’s order and follow all current posted watershed rules. 

Marin Water believes that the planned pilot and trial programs were adopted in compliance with CEQA requirements and are thoughtful progressions in our adaptive management approach to recreational uses on the Mt. Tam Watershed, which is home to the source of the majority of our water supply and more than 1,000 species of plants and 400 species of wildlife. 

The District worked hard to assess watershed trail conditions, monitor trail use data and engage with a range of user groups in order to design trial programs that allow for expanded recreational interests without compromising our number one priority – protection of our community’s drinking water and the biological diversity that exists within this incredible natural resource. To that end, we will continue our efforts towards introducing the Trail Sharing Pilot and E-Bike Class I Trial programs on the Mt. Tam Watershed, and will provide updates to the community as they are available. 

Due to the pending litigation associated with this matter, Marin Water will not make further comment on the issues until there is new information to share.