Santa Teresa Citizen Action Group v. City of San Jose

Great Oaks Water Company (Great Oaks) and Santa Teresa Citizen Action Group (collectively petitioners) appeal from an adverse judgment on their petition for writ of mandate and complaint for declaratory and injunctive relief. Petitioners challenge a decision by respondents, City of San Jose and the City Council of the City of San Jose (collectively, City) approving the extension of an existing water recycling program to North Coyote Valley. Petitioners argue that in approving the extension, City violated the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Petitioners also argue that extension of the recycled water program is inconsistent with City’s general plan, threatens to be a nuisance, and offends the public trust doctrine. We conclude that City’s action was consistent with CEQA’s requirements. We shall reject petitioners’ additional contentions and affirm the judgment.

I. Facts

A. The Recycled Water Program

The impetus to develop a recycled water program came from the San Francisco Bay Regional Water Quality Control Board (RWQCB). By the late 1980’s, freshwater discharge from City’s sewage treatment facilities was destroying…