Opinion No. (2006)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General CAL CAMARA has requested leave to sue in quo warranto upon the following question: Is Art Bishop unlawfully holding the office of director of the Mojave Water Agency because the office was not vacant at the time of his appointment? CONCLUSION Whether Art Bishop is unlawfully holding the office of director of the Mojave Water Agency because the office was not vacant at the time of his appointment presents substantial questions of fact and law warranting judicial resolution. ANALYSIS In 1959, the Legislature created the Mojave Water Agency ("Agency"). (Stats. 1959, ch. 2146, §§ 1-35, pp. 5114-5147; see West's Ann. Wat. — Appen. (1999) ch. 97, §§ 1-48.5, pp. 193-242; 3 Deering's Ann. Wat. — Uncod. Acts (1970 ed.) Act 9095, §§ 1-38, pp. 510-548, (2006 supp.) Act 9095, §§ 1.5-48.5, pp. 261-288.) 1 Its purpose is to provide water for the use of the lands and inhabitants within its territory. (§ 1.5.) The Agency has a governing board of directors ("Board") of seven members serving four-year terms, each representing one of the Agency's seven geographical…