California Groundwater Ass'n v. Semitropic Water Storage District

This is an appeal from judgment entered against plaintiff and appellant California Groundwater Association after the court sustained the demurrer of defendant and respondent Semitropic Water Storage District. Appellant contends the trial court erred in concluding that Water Code section 13750.5 does not apply to public entities such as respondent. For reasons that follow, we agree with appellant: If respondent “undertake[s] to dig, bore, or drill a water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well, to deepen or reperforate” any such well, or “to abandon or destroy” any such well, “the person responsible for that construction, alteration, destruction, or abandonment [must] possess[] a C-57 Water Well Contractor’s License.” (Wat. Code, § 13750.5.) Accordingly, we reverse the judgment.

Facts and Procedural History

This appeal comes to us after the trial court sustained respondent’s demurrer and appellant declined to amend its complaint. “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be…