Voth

The issue is whether, under Government Code section 911.2, a lessee’s claim for damages against a public entity-lessor for breach of an implied promise of fitness of water for use on growing crops sounds in tort so as to require the filing of the claim within 100 days after the accrual of the cause of action, or whether the claim is based on a contract thereby allowing the claim to be filed within one year. For the reasons hereafter expressed, we hold the one-year limitation period to be applicable.

Appellants were the assignees of an agricultural lease on land owned by respondent. The leased land was adjacent to respondent’s sewage disposal plant. The rent was to be calculated on a percentage of each crop to be grown. Appellants were to pay $15,656.76 annually as advance rent for the ensuing crop year, such sum to be the minimum payment if the respondent’s share of the crops did not exceed the amount of the ■advance payment.

The lease provided in pertinent part:

The wells on the leased property did not produce a sufficient quantity of water for irrigation, and one of the wells flowed directly into the sewage reservoir. The water from the sewage plant had to be used to…