Marina County Water District v. State Water Resources Control Board

Introduction.

This is an appeal by a county water district (Marina) from the denial of a writ of mandamus to compel the State Water Resources Board (hereafter State Board) to invalidate an order it issued upholding the action of the California Regional Water Quality Control Board, Central Coast Region (hereafter Regional Board or Board) in deciding not to revise a “zone of prohibition” it had established in Monterey Bay. We find that the superior court used the correct standard of review, and we agree with its determination that the “zone of prohibition” was not a “water quality standard” requiring review under federal law. Accordingly we affirm.

Background:

Marina is a “county water district” established under Water Code section 30000 et seq. which provides water and sewer services for the City of Marina. The Regional Board is an administrative agency created by Water Code section 13200 and charged with various duties in connection with water quality control within its geographic region. The State Board has broad responsibility for developing and revising state policy for water quality control, including the formulation, adoption and revision of general…