California has been reporting the longest drought conditions since the early 1980’s, making water a very valuable commodity to the State and others. As costs increase, water parks and swimming pools that use millions of gallons a year are now facing increasing water rates, and may draw criticism for remaining open during the summer season when water is quickly evaporating from their pools, while disappearing from the landscape needed for wildlife and plant life.
Because the cost of water is so high, according to the Santa Clara County District Attorney’s Office, “owners of a clothing-optional resort in Los Gatos have been charged with felony conspiracy to commit trespassing for the purpose of injuring a property right, after they repeatedly diverted water from a section of a local creek that they did not own.”
Images of Glyn and Lori Kay Stout from a brochure posted on LupinLodge.com
According to Deputy District Attorney Denise Raabe ,”Glyn Stout, 77, and his wife Lori Kay Stout, 53, co-owners of Lupin Lodge, conspired to pipe water to their drought-affected business, despite numerous warnings to stop, according to the charges.” But they were not the only ones who had tapped into the creek to take water. Nearby residents, John Berryessa, 49, and Michael Buckland, 38 were also found to be taking water for irrigation on their property.
Glyn and Lori Kay Stout are scheduled to be arraigned on July 13, 2015, at the Hall of Justice. Buckland will be arraigned on July 14, 2015. If convicted, they face up to three years in county jail.
Raabe said, “Last July, the defendants asked Midpeninsula Regional Open Space District if they could install temporary lines to collect water from Hendry’s Creek on the MROSD managed property for use at their lodge. MROSD officials declined the request.”
Because of drought conditions, any water diverted from the creek could cause substantial problems to wildlife downstream as well as proper distribution along the creek.
Raabe said, “Despite this, between July 28, 2014, and November 1, 2014, employees of Lupin Lodge repeatedly trespassed onto the property managed by MROSD on foot and in various vehicles.”
There was evidence at the scene that they had continued to develop a pipeline leading to the creek in an attempt to exclude them from having to pay for water. They are accused of clearing an old fire trail to install water lines against MROSD’s decline of their request to use the creek for water. It is illegal to build and or develop water transport systems that cannot be monitored. Evidence shows that when the trail was cleared, it caused significant environmental damage, while multiple water lines were installed into Hendry’s Creek and other springs on the MROSD property. All of the water lines ran to or delivered water to the Lupin Lodge water system.
Raabe said, “Several photographs of individuals trespassing and carrying plastic tubing were taken by wildlife cameras.”
Read More: Mercury News: Los Gatos nudist camp accused of stealing water from open space district
