Galante Vineyards v. Monterey Peninsula Water Management Dist.

Good Law

1997 Cal. App. LEXIS 653·60 Cal. App. 2d 1109·60 Cal. App. 4th 1109·71 Cal. Rptr. 2d 1·97 Daily Journal DAR 10649

Court of Appeal of CaliforniaAugust 15, 1997H015346California6,326 words

Opinion

Mihara, J.

Monterey Peninsula Water Management District (District) appeals from a judgment granting a peremptory writ of mandate ordering the District to set aside its certification of a final environmental impact report (EIR) and approval of the New Los Padres Dam and Reservoir project. The District also challenges the award of attorney’s fees pursuant to Code of Civil Procedure section 1021.5. California-American Water Company (Cal-Am) has filed an amicus curiae brief in support of District’s appeal. For the reasons stated below we affirm the judgment.

Factual and Procedural Background

In response to a period of severe drought, the District was formed in 1978 for the purpose of conserving and augmenting the water supply and to protect the environmental quality of the Monterey Peninsula. The District boundaries encompass a 170-square mile area consisting of the cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City, Seaside, and portions of Marina, Fort Ord, and Monterey County.

Following its formation, the District explored a variety of long-term water supply alternatives. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Resources Code, §…

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