Delta Wetlands Properties v. County of San Joaquin

Plaintiff Delta Wetlands Properties (DW) appeals from a judgment denying its petition for a writ of mandate to set aside and declare void a zoning ordinance adopted by defendants County of San Joaquin (the County) and the San Joaquin County Board of Supervisors (the Board) that may apply to its commercial water storage project in the Sacramento-San Joaquin Delta.

The ordinance was adopted as an amendment to the County’s zoning code to prohibit the location of reservoirs of 500 acres or more in residential, industrial and other zones within the county except for agricultural zones. It does not apply to reservoirs under the jurisdiction of the state as provided by the Water Code. A conditional use permit is required for location in a permitted zone.

DW proposes to use property it owns in the Sacramento-San Joaquin Delta area (Delta) for the storage and subsequent sale of surface water acquired during periods of high runoff. Its project would flood two islands in the Delta with water appropriated pursuant to a permit from the State Water Resources Control Board (Water Board). DW plans to sell stored water to unnamed purchasers.

DW has not applied for a permit for its…