California American Water v. City of Seaside

The Monterey Peninsula Water Management District (MPWMD or the District) appeals from an order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin. The MPWMD contends that the court exceeded its jurisdiction and violated the doctrine of separation of powers by restricting the District’s authority to require environmental review of subsequent permit applications by the water-producing parties. We find no error and will therefore affirm the order.

Background

The MPWMD was created in 1977 with the enactment of the Monterey Peninsula Water Management District Law. (Stats. 1977, ch. 527, §1, p. 1672, 72B West’s Ann. Wat.—Appen. (1995 ed.) §§ 118-1, 118-101.) In establishing the District, the Legislature recognized the shortage of water resources in the Monterey Peninsula area and declared the need for “integrated management of ground and surface water supplies, for control and conservation of storm and wastewater, and for promotion of the reuse and reclamation of water.” (§ 118-2.) Toward these objectives of conservation, the MPWMD was empowered to store water, appropriate water…