Leach

Petitioners Richard Leach and the Campo/Lake Morena Chamber of Commerce (together Leach) appeal an order denying their petition for writ of mandate to stop the City of San Diego and its manager John Lockwood (together City) from drafting water from Lake Morena without first complying with the California Environmental Quality Act (CEQA). We conclude CEQA does not apply to the activity of drafting water from one reservoir to another and accordingly affirm the order.

Factual and Procedural Background

Lake Morena is a reservoir built in 1912 and acquired by the City in 1914 for the purpose of water supply. Although recreational uses have been permitted as conditions allow, such uses have been secondary to the primary purpose of local water production. Morena is part of a three-reservoir system, Otay, Barrett and Morena, which feeds the Otay Filtration Plant adjacent to Lower Otay Reservoir. Morena feeds Barrett which feeds Otay. Lower Otay Reservoir provides the water to be treated at the Otay Filtration Plant for human consumption.

Barrett and Morena are operated solely for the production of local water. The water is collected in the winter of wet years and consumed as…