Rhys fined $3.76M for illegally diverting water in Anderson Valley

[Robert.A.Jr]

They bought the property with two of the reservoirs already there and the third was completed in the year they made the purchase. The article doesn’t say if work was already underway when the property was purchased.

Knowing nothing other than was printed in the article, it’s a leap to claim that Rhys even knew the ponds were illegal, since they were in existence when the property was bought.

And they had the rights to pump water, but not to collect it. Does the article say anything about how much water they are allowed to pump and what damage to wetlands pumping would cause?

I think we should do everything we can to protect our environment and our wetlands and streams, even if it means, as it must, that you can’t put vineyards in places that might really be good for wine.

But it’s not like they went in there and plowed up a meadow, drained wetlands, and built some pools. Honestly, I don’t see their behavior as being all that egregious, and they’ve apparently done what they can to make amends. While I’m not on their mailing list or anything, if I were buying their wine, this wouldn’t cause me to feel differently about them.

Nicely stated, Greg.

[Al_Osterheld]

If a stream passes through their property, they can use the water as long as no other entity has rights to the water, it stays within the same drainage system, and is not moved to a non-contiguous piece of property that does not touch the stream. They can use some of it or all of it. But, they can’t store it during wet times for use during dry times, that requires them to be granted additional rights.

During a normal year, storing 22 acre feet of water during wet times would not have an effect on the wetlands. But it’s still not allowed without a permit because it could have an effect if everyone does it.

-Al

[Al_Osterheld]

There is a lot I would like to say about this over a glass of wine (or two!) but given the situation, I cannot do that now except for a few facts: . . .

A glass or two of sparkling wine, perhaps? Understandable you’re unable to respond.

-Al

[David_Bu3ker]

Kudos to Kevin for even responding at all. The internet is dark and full of terrors, even for people with completely good intentions.

[Peter_Petersen]

I’m certainly not going to boycott over this infraction. It’d be very hard to prove that using the water for irrigation would take water away from an estuary. This something people have studied and it would appear that lots of collected rain water going into the soil is recycled lower down rivers and streams, provided the water has not be transported.
The issues are generally with water that is transported far from where it originated.

[brigcampbell]

Look, it’s obvious Rhys isn’t the evil empire or the dark star.

[Craig_G]

There is a lot I would like to say about this over a glass of wine (or two!) but given the situation, I cannot do that now except for a few facts:

1. we made some serious mistakes
2. The property is 4591 acres. The vineyard is 20 acres. We have always planned to conserve the remainder.
3. 2 of the 3 ponds have been on the site for 60+ years
4. anyone who has visited our vineyards has seen that they are managed with extreme environmental sensitivity and this site is no different

I am sorry but I will not be able to respond further.

Kevin, thanks for coming here and responding.

[Kris_Patten]

How will this effect pricing of future vintages…

I kid, Kevin and his team have been A+ people from the start…as a friend tells me, people don’t change, and I don’t think Kevin and crew were ever anything but transparent from the start. This wouldn’t change my mind in slightest barring further disclosure of malice.

[R_Frankel]

California is a tough place to conduct business in a lot of ways. Complex regulations in many, many areas. As someone who has run (non wine) businesses here, it’s not simple stuff. And it’s easy to make mistakes, even significant ones. Just because a company makes a mistake and is fined, absolutely does not mean they made those mistakes deliberately or maliciously. Judging Rhys’ malice by this article seems extremely hasty. And we’ve seen lots of very positive discussion of Rhys here, with participation from the principals. You may not like the wine, or the prices, but the people have proven to be of high quality.

I will continue to buy the wine with enthusiasm. And will ridicule anyone who boycotts them over this occurrence. Come off your high horse folks and don’t slander people and events about which you know so little.

Btw despite the regulations I still love California and couldn’t imagine living anywhere else.

[R_Frankel]

Don’t know the details, and how “egregious” the violations really were. But I’m laughing hard right now at the idea that whatever Rhys did is even a drop in the bucket compared to the integrated effects of pot farming around the county for all these years. I’ll continue to buy and enjoy Rhys wines, no problem.

Was also surprised to read how many thousands of acres these greedy asshats are farming. I’ll do my best to try to make it cheaper for you but it sounds pretty blatant that they knew what they were doing. I guess I would encourage you not to support greedy pot farmers who destroy wetlands too?

Greedy asshats? Thousands of acres? This property is 20 acres. Since when is planting a 20 acre property evil?

[alan_weinberg]

Kudos to Kevin for even responding at all. The internet is dark and full of terrors, even for people with completely good intentions.

kevin is a standup guy and I feel terrible that he had to pay such a fine. And I love his wines.

[Alan_Rath]

I’m certainly not going to boycott over this infraction. It’d be very hard to prove that using the water for irrigation would take water away from an estuary. This something people have studied and it would appear that lots of collected rain water going into the soil is recycled lower down rivers and streams, provided the water has not be transported.
The issues are generally with water that is transported far from where it originated.

“Wetlands” and “estuary” are terms that don’t describe this land well at all. Really, it’s hilly, mountainous terrain that gets a good dose of rain in the winter, and is relatively dry and arid during the summer. There’s a minor river (the “Navarro”) which flows down the Anderson valley to the Pacific, but Bearwallow vineyard is well inland, and the entire region becomes warm and dry for half the year. You’d be lucky to find a small trickle of water in the Navarro during August or September.

We don’t know exactly what the violation was, but I stand by my position that there is little doubt the authorities could have many better issues to concern themselves with if they so chose. This sounds like it may have been a case of them knowing where the deep pockets are.

[Nathan_Smyth]

I don’t mean to be rude, but is this the portfolio of a business which can sit down and write a check for $3.76M, given just the cash on hand?

Are California wineries routinely sitting on that kinda coin?
.

.

[Jason_T]

Don’t know the details, and how “egregious” the violations really were. But I’m laughing hard right now at the idea that whatever Rhys did is even a drop in the bucket compared to the integrated effects of pot farming around the county for all these years. I’ll continue to buy and enjoy Rhys wines, no problem.

Was also surprised to read how many thousands of acres these greedy asshats are farming. I’ll do my best to try to make it cheaper for you but it sounds pretty blatant that they knew what they were doing. I guess I would encourage you not to support greedy pot farmers who destroy wetlands too?

Greedy asshats? Thousands of acres? This property is 20 acres. Since when is planting a 20 acre property evil?

If you’ve seen some of his other posts, this is par for the course. Often wrong (twice here in fact), never in doubt, and always looking for something to rage over.

[Chris_D1]

Way to own it Kevin. Mistakes happen and there’s generally two roads to take afterwards. Sounds like Rhys took the high road. I will continue to purchase.

[Robert_M_yers]

Mistakes were admittedly made, but this has to be a drop in the bucket of CA water problems. Might be a case of making an example of someone in the industry with the pockets to pay the fine. I’d think most family wineries would be wiped out by this kind of fine. Rules need to be followed of course and this will get others attention I’m sure if they are bending them.

Wouldn’t Avocados be a better place to start?

[Jay_Miller]

Mistakes were admittedly made, but this has to be a drop in the bucket of CA water problems. Might be a case of making an example of someone in the industry with the pockets to pay the fine. I’d think most family wineries would be wiped out by this kind of fine. Rules need to be followed of course and this will get others attention I’m sure if they are bending them.

Wouldn’t Avocados be a better place to start?

This was my thought as well.

[David_McMillen]

This strikes me as something akin to what the EU is doing with great regularity. Massive, relatively arbitrary fines are levied against prominent names (based on limited definition of harm) with great fanfare. After all, half the Rhys settlement is headed to dubious use already:

“Another $1.77 million would be set aside to fund an environmental restoration project on the south fork Ten Mile River by The Nature Conservancy. That project is scheduled to begin next summer. It’s designed to improve rearing habitat of the threatened Coho salmon in the lower 1.7 miles of the south fork and 4.5 miles of the main Ten Mile River, according to the announcement.”

I personally appreciate Kevin showing up and posting a few words about this. None of us know the details of this whole regulatory affair and it means something to come out and say they made a mistake.

The board member posting that Kevin is a “greedy asshat” should be banned. I am constantly amazed what someone would type on this forum that they would never say out loud to someone’s face.

[T_Williams]

To everyone who isn’t going to buy Rhys because of this, I pose a follow up question:

Do you also boycott factory food farms, both meat and vegetable/fruit, that commit just as egregious crimes against nature? For that matter add in garment makers, energy companies, and petroleum manufacturers.

Is it not cool? Yes.
Is it going to make me stop buying Rhys? Nope.

I’ll start with food, since wine is an agricultural product.

My meat, fruit, vegetables, milk, eggs, yogurt, etc. all come from local farms almost year round. Being in New England there are some items I cannot get from a local farm in the dead of winter, but I probably buy 90%+ local. Beyond that I make very specific decisions about the rest of the food I buy.

I am very curious to know more about what happened here.

That’s great to hear. Don’t get me wrong, I believe in local, organic permiculture but I’m also a realist in believing that what Rhys did isn’t nearly as bad as many other big corporations that see 1 day of news play before people get along with their lives. Monsanto (round-up lawsuits) is a great example. The damage they’ve done is outstanding comparatively.

[Joe_S]

Sounds to me like a convenient combination of virtue signaling and revenue generation…
I will continue to purchase Rhys wines.