Central Delta Water Agency v. State Water Resources Control Board

This action challenges the decision of the defendant State Water Resources Control Board (Board or Water Board) that issued permits for the appropriation of water for the Delta Wetlands Project (Project) and certified a final environmental impact report (EIR). (State Wat. Resources Bd. Dec. No. 1643 (Feb. 15, 2001) [ 2001 WL 1880741 ] (hereafter Decision).)

Proponents of the Project and real parties in interest are Delta Wetlands Properties, Delta Wetlands, and KLMLP, L.P., hereinafter referred to as DW. The Project involves the diversion of water from the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Delta) into reservoirs to be constructed on two islands in the Delta for later rediversion and sale to potential purchasers in amounts as yet unknown.

Notwithstanding the uncertain nature of the use, the Water Board approved the permits, stating that a “potential exists for the DW Project water to be beneficially used because the existing demand for water in California is not met in most years.” The permits do not specify the users or the quantity of water to be sold and the Decision states only that the Project could be economically feasible. Rather, these…