Monterey Peninsula Taxpayers' Assn. v. The Monterey Peninsula Water Management Dist. CA6

I. FACTS AND PROCEDURAL BACKGROUND2

A. Facts The District manages and regulates water use and distribution in the Monterey Peninsula area pursuant to the Monterey Peninsula Water Management District Law (District Law), enacted in 1977. The Legislature created the District out of concern that Cal-Am “did not have ‘the ability to perform functions which are normally performed by public agencies,’ including, among other things, the ‘management and regulation of the use, reuse, reclamation, conservation of water and bond financing of public works projects.’ ” (District v. PUC, supra, 62 Cal.4th at p. 695; see also § 118-2.) The District “operates in the same geographical region” as Cal-Am (District v. PUC, at p. 695) and contracts with Cal-Am to supply water service to property owners in the District’s

‘uncodified acts,’ also known and referred to as the ‘Water Code Appendix.’ ” (Legislative Intent Service, Inc. California Water Code Statutory History, http://www.legintent.com/california-water-code-statutory-history, Sept. 8, 2017.) 2 We take these undisputed facts from Monterey Peninsula Water Management Dist. v. Pub. Utilities Com. (2016) 62 Cal.4th 693 (District v. PUC) and from…