North Gualala Water Co. v. State Water Resources Control Board

The North Gualala Water Company (NGWC) appeals from a judgment denying two consolidated petitions for writ of mandate. The petitions challenge the State Water Resources Control Board’s (Board) jurisdiction to compel NGWC to obtain a permit to pump groundwater from two wells located near the North Fork Gualala River, as well as the Board’s interpretation of pumping limitations placed on the permit. In an issue of first impression, the parties dispute the proper construction of the statutory phrase, “subterranean streams flowing through known and definite channels,” which has defined the Board’s permitting jurisdiction over the state’s groundwater resources since 1914. As a fallback position in the event that the Board’s statutory permitting authority over the wells is upheld, NGWC argues that the Board has placed unwarranted conditions on the company’s permit. We affirm the trial court’s judgment denying NGWC’s petitions.

I. BACKGROUND

A. Water-right Permit 14853 and Term

NGWC provides municipal water service to approximately 1,000 customers in, or near, the Town of Gualala. Between 1965 and 1989, NGWC diverted surface water directly from the North Fork of the Gualala…