Save Our Carmel River v. Monterey Peninsula Water Management District

Appellants Save Our Carmel River, Patricia Bemardi and the Open Monterey Project appeal from the denial of their petition for a writ of mandate to overturn decisions by the City of Monterey (City) and the Monterey Peninsula Water Management District (Water District) to approve a water credit transfer. The City had found the water credit transfer was exempt from the California Environmental Quality Act (CEQA) under the categorical exemption for replacement or reconstruction of existing facilities contained in section 15302 of the CEQA Guidelines. The Water District had also approved the transfer, based in part on the City’s exemption determination, and further found that the water credit transfer complied with the Water District’s rules and regulations governing such transfers.

Appellants contend that the water credit transfer does not fall within the categorical exemption for replacement or reconstruction of existing structures or facilities. (Guidelines, § 15302.) They further contend that even if the categorical exemption were applicable, there was evidence that two of the exceptions contained in the Guidelines applied here to remove the project from exempt status.…