San Bernardino Valley Water Conservation District v. San Bernardino County Local Agency Formation Commission

Appellant is the San Bernardino Valley Water Conservation District. Respondent is the San Bernardino County Local Agency Formation Commission (LAFCO). San Bernardino Valley Municipal Water District (MWD) is both an intervener and respondent and has filed its own respondent’s brief.

Appellant operates in San Bernardino County, providing water conservation services within the Bunker Hill Groundwater Basin. MWD performs a similar function in the same area. LAFCO is an administrative regulatory agency, the purpose of which is to control the process of the expansion of a municipality and eliminate duplicative services.

LAFCO gathered data indicating that appellant and MWD were providing similar services in the same area, and suggested that consolidation of both entities should be explored. MWD filed an application with LAFCO requesting consolidation. That application is pending. If its request is granted, MWD will become the sole entity to perform the services now offered by both, effectively eliminating appellant’s services.

After receiving MWD’s application, LAFCO indicated that, should it determine that consolidation was in the public’s best interest, it would proceed…