Great Oaks Water Co. v. Santa Clara Valley Water District

Great Oaks Water Company (Great Oaks) appeals from the trial court’s judgment denying its petition for writ of mandate. Through its petition, Great Oaks challenged the Santa Clara Valley Water District’s (the District) use of a statutory ratesetting exemption from the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) as part of the District Board’s 2006 adoption of a resolution that raised groundwater rates within the District for fiscal year 2006-2007. The exemption, section 21080, subdivision (b)(8), removes from CEQA review a public agency’s setting of rates, tolls, fares, and other charges that are, as relevant here, for the purposes of meeting operating expenses; purchasing or leasing supplies, equipment, or materials; meeting financial reserve needs and requirements; or obtaining funds for capital projects necessary to maintain service within existing service areas. The exemption requires the agency to incorporate written findings in the administrative record of any proceeding in which the exemption is claimed “setting forth with specificity the basis for the claim of exemption.” (Ibid.) The exemption is not available for rate…