Baldwin

This case tenders the question whether a county is precluded from the regulation of groundwater because state law has preempted the field. We will conclude that state law, while regulating aspects of groundwater, does not wholly preclude county regulation.

The defendant County of Tehama (Tehama) appeals from a judgment declaring invalid an ordinance by which it regulates the pumping practices and uses of groundwater based upon the finding that the Water Code wholly preempts the field of groundwater regulation.

The plaintiffs, landowners in Tehama who are subject to the ordinance, together with amicus curiae Gregory S. Weber, claim the judgments are supported by provisions of the Water Code and uncodified statutes concerning water use which show that the state has occupied the field of groundwater regulation. They also contend that the ordinance is invalid because its real purpose is to hoard water in derogation of California Constitution article X, section 2.

The County of Tehama, supported by amici curiae state Water Resources Control Board, the Department of Water Resources and Antonio Rossmann, contends that none of the statutes to which plaintiffs point preempt the…