Today, however, the Court takes an unfortunate step that needlessly weakens our principal safeguard against toxic water. Exactly which waters will lose protection is still a murky question, one that regulators and interest groups on both sides of the issue are trying to sort out. Among those wetlands that may lose protection are vernal pools, which are found throughout the Sacramento region. Witham thinks vernal pools will still be protected, but concedes that many agricultural interests and developers will disagree. Chances are that it will take years and several more lawsuits to finally flesh out the decision.
Vernal pools are a kind of seasonal wetland.
Shallow and bone dry most of the year, they fill with water during the winter months and in the spring come to life with native plants and often striking displays of native wildflowers. Vernal pools are almost entirely unique to California. They support some 70 different native plant species that are only found in vernal pool complexes. Two hundred years ago, there were some 4 million acres of vernal pools throughout the Central Valley. As of today, at least 75 percent of that has been lost, according to Witham.