San Luis Coastal Unified School District v. City of Morro Bay

California's "Wheeling Statutes," Water Code section 1810 et seq., provide for the sale and transfer of water. Here we hold that Water Code section 1810 et seq. [1] allow buyers and sellers to transport water. A school district claimed the right to transport water through a city's water conveyance system pursuant to section 1810. When the city refused, the school district petitioned for a writ of mandate.

The trial court denied the petition on the ground that section 1810 allowed only a transferor of water to demand use of the city's conveyance system, and the school district is a transferee. We reverse. A transferor of water may be either a seller or buyer.

The San Luis Coastal Unified School District (hereafter "school district") operates 18 schools in San Luis Obispo County. Three schools are located within the city of Morro Bay. Currently the school district purchases water from Morro Bay for the three schools. It pays more than $180,000 a year for the water.

In the early 1990's, the school district began looking for a less expensive supply of water. In 1993, the school district entered into a water supply agreement with the County of San Luis Obispo Flood…

*1046 Opinion

California’s “Wheeling Statutes,” Water Code section 1810 et seq., provide for the sale and transfer of water. Here we hold that Water Code section 1810 et seq. 1 allow buyers and sellers to transport water. A school district claimed the right to transport water through a city’s water conveyance system pursuant to section 1810. When the city refused, the school district petitioned for a writ of mandate.

The trial court denied the petition on the ground that section 1810 allowed only a transferor of water to demand use of the city’s conveyance system, and the school district is a transferee. We reverse. A transferor of water may be either a seller or buyer.

Facts

The San Luis Coastal Unified School District (hereafter school district) operates 18 schools in San Luis Obispo County. Three schools are located within the City of Morro Bay. Currently the school district purchases water from Morro Bay for the three schools. It pays more than $180,000 a year for the water.

In the early 1990’s, the school district began looking for a less expensive supply of water. In 1993, the school district entered into a water supply agreement with the County of San Luis Obispo Flood…

I respectfully dissent. I agree with the trial court’s ruling that the San Luis Coastal Unified School District (School) is not a “transferor” *1052 but rather a “transferee” of water. (Wat. Code, § 1811, subd. (a).) 1 As an end user, School may not purchase water from another source and have it delivered through the city’s transmission and distribution system at a reduced rate.

I find myself in full agreement with the opening sentence of School’s opening brief: “This appeal presents issues of significant financial concern to a public school district in San Luis Obispo County and of enormous legal import to water users in California.” School wants more water for itself and wants to pay less for it. The majority seize upon an isolated phrase in section 1811, subdivision (a), to grant School’s wish. In doing so, the majority make a significant pronouncement in water law. Every end user public agency in California now has an entitlement to cheaper water. This, of course, affects the rates of all other water users.

Although the majority believe that section 1811 is ambiguous, there is no ambiguity about legislative intent. Section 1 of Statutes 1986, chapter 918 provides: “The…