Rosedale-Rio Bravo Water Storage Dist. v. Buena Vista Water Storage Dist. CA6

I. INTRODUCTION

Appellant Rosedale-Rio Bravo Water Storage District (Rosedale) seeks a declaration that it has a right to move Kern River water previously used for irrigation and stock water on ranch lands owned by Rosedale downstream through the Kern River, through the Isabella Dam and reservoir, and into the channel of the Kern River to flow downstream for delivery to Rosedale for groundwater recharge. Rosedale’s complaint for declaratory relief names as defendants (respondents herein) the City of Bakersfield, Kern Delta Water District, North Kern Water Storage District, Kern County Water Agency, and Buena Vista Water Storage District. Respondents collectively have a contractual right to operate the capacity of the Isabella Dam and reservoir to store and convey water, through their agent, defendant L. Mark Mulkey, the Kern River Water Master. Respondents demurred to the complaint on the ground that Rosedale had failed to exhaust its administrative remedy under the wheeling statutes, Water Code section 1810 et seq.1 The trial court agreed with respondents, sustained the demurrers without leave to amend, and entered judgment in favor of respondents. On appeal, Rosedale contends…