Riverwatch

RiverWatch and Pala Band of Mission Indians (together RiverWatch) appeal a judgment denying their petition for writ of mandate that challenged the validity of an agreement between the Olivenhain Municipal Water District (OMWD) and Gregory Canyon Ltd. (GCL) based on OMWD’s alleged noncompliance with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) (CEQA). On appeal, RiverWatch contends (1) the trial court erred by concluding OMWD’s approval of the agreement did not require its prior CEQA review of the environmental impacts of the agreement; (2) OMWD was a responsible agency under CEQA; and (3) the County of San Diego Department of Environmental Health (DEH) was not an indispensable party to this action.

FACTUAL AND PROCEDURAL BACKGROUND

In November 1994 the voters of San Diego County approved Proposition C, providing for the construction and operation of a landfill and recycling collection center at the Gregory Canyon site in northern San Diego County (Landfill). In February 2003 DEH, as the lead public agency, certified a final environmental impact report (2003 EIR) for the Landfill project and, in October 2004 approved the Landfill…