Whatcom County Berry Grower Fined $102,000

Whatcom County, WA –  A Whatcom County berry grower was fined $102,000 for illegally watering raspberries and failing to submit required water use records,  according to a news release from to the Department of Ecology.

The Washington Department of Ecology fined Gurjant “George” Sandhu for two  violations at two separate farms he operates in Whatcom County.  The first penalty of $90,000 was for illegally irrigating a 220-acre raspberry farm. The second penalty of $12,000 was for not submitting water use records for a 120-acre blueberry farm.

According to the Department of Ecology, Mr. Sandhu is accused of irrigating his raspberry farm for at least two years without approved water rights for most of the property.  The Department of Ecology attempted to work with Mr. Sandhu to bring the farm into compliance with the law, but he declined assistance.   The Department of Ecology served a cease and desist order in March of 2016, after Mr. Sandhu expanded his farm and continued to plant raspberries and install irrigation equipment without legal water rights.  Ongoing illegal irrigation was documented by Ecology staff in the summer of 2016.

Separately, Mr. Sandhu is accused of failing to submit accurate water use data at his blueberry farm, despite being required to do so by an earlier settlement for illegal water use, an enforcement order and a provision of his seasonal water rights.  Over the course of several seasons, Mr. Sandy submitted calculations of water use, which Ecology staff found to be inaccurate and unreliable based on site visits.  Ecology staff repeatedly asked for real meter data from Mr. Sandhu and did not receive it according to the news release.  Ecology staff says accurate water use data is essential to demonstrating that irrigators are staying within their legal water rights.

The Bellingham Department of Ecology Field Office has been trying to help Mr. Sandhu comply with the laws since 2011 on the several berry farms he owns in Whatcom County.   Ecology staff has received numerous complaints from concerned citizens and water right holders about Mr. Sandhu irrigating beyond his authorized amounts.

The release says that ” Mr. Sandhu’s farms are located in the Nooksack River watershed, which is one of 16 basins considered critical for providing habitat for threatened migratory fish in Washington. Illegal water use can negatively affect Nooksack River flows and people with legal water rights. Many farmers in Whatcom County have worked hard and made investments to obtain legal water rights. Ecology is working to ensure a level playing field. ”

Mr. Sandhu can appeal the penalties to the Pollution Control Hearing Board within 30 days.