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County presses forward on Middle Creek restoration as property acquisitions stall
Summary
Committee updates show Middle Creek contributes the largest phosphorus-laden sediment load to Clear Lake; 62% of project parcels are acquired but several key owners are unwilling. County leaders directed staff to pursue negotiation and funding options — including eminent domain as last resort — and requested a rapid legal and fiscal risk analysis.
The Lake County Board of Supervisors and the Middle Creek Restoration Project committee on June 9 received an update showing Middle Creek is the single largest contributor of phosphorus-rich sediment to Clear Lake and that wetland restoration could sharply reduce that load.
Committee members led by Dr. Mary Joe Velasquez highlighted hydrologic modeling and referenced UC Davis and USDA studies showing that slowing channelized flows and restoring vegetation could cut sediment delivery by large margins — in modeled scenarios, reductions ranged from tens of thousands of metric tons annually when both approaches are combined. The committee and staff said that reduction is central to reversing long-term declines in water quality and native fish habitat.
On land acquisition, staff reported that roughly 62% of the parcels needed for the project have been purchased, and another small share are tribal lands where tribal partners will play a role. But several properties remain in the hands of owners who have declined the county’s offers or asked for prices above appraised values; one known holdout is land owned by a Buddhist group that has said it will not sell because of ongoing hunting use.
County staff provided estimates for the funding gap if undecided parcels become unwilling sellers: acquisition costs alone could grow from the current funds on hand to more than $6 million if many owners do not accept the county’s offers. The committee outlined three approaches: continue negotiations, find additional local/non‑grant funds to bridge counteroffers, or pursue eminent domain — the latter acknowledged as costly and a last resort.
Supervisors emphasized urgency. “This project does not function and does not happen without acquiring all the properties,” Supervisor Rasmmanson said in the discussion. Board members urged staff to prepare options for negotiating higher purchase prices where appropriate and to pursue outside funding and federal partnerships that could reduce local exposure.
The board asked staff to expedite a legal and fiscal risk analysis of acquisition strategies and eminent domain — to be prepared quickly so the board can weigh options. County staff also reported ongoing coordination with the U.S. Army Corps of Engineers, CalTrans and PG&E on design, highway mitigation and utility relocation, which will be necessary before full federal design work can proceed.
Next steps: staff will return with a short legal and fiscal risk assessment and recommended acquisition pathways; meanwhile the committee and staff will continue to pursue federal and tribal partnerships, and to seek alternative funding to reduce the county’s direct cost exposure.
