Central Delta Water Agency v. State Water Resources Control Board

This case involves a challenge to the constitutionality of portions of Water Code section 13396.5 and of the implementing regulation (Cal. Code Regs., tit. 23, § 2236, hereafter regulation 2236) enacted by respondent State Water Resources Control Board (the Board). Appellants—two water agencies (Central Delta Water Agency and South Delta Water Agency, hereafter the agencies), Reclamation District No. 2072, and agricultural landowner Rudy Mussi—petitioned for mandamus and declaratory relief in the trial court to prevent the enforcement of regulation 2236 and to obtain a ruling that section 13396.5 was unconstitutional in part. The trial court denied the petition and further held that the agencies lacked standing to bring the action. We shall conclude the court erred as to standing; however, we shall affirm the judgment.

Statutory Background

A. The challenged provisions.

1. Section 13396.5.

Section 13396.5 (added by Stats. 1990, ch. 1294, § 1), which forms part of chapter 5.6 (“Bay Protection and Toxic Cleanup,” §§ 13390-13396.5) of division 7 of the Water Code, provides in pertinent part:

Section 13396.5 further provides that the Board shall report to the Legislature…