San Diego County Water Auth. v. Metropolitan Water Dist. of So. Cal. CA1/3

FACTS

On appeal, Metropolitan has filed a request for judicial notice of certain pleadings filed by the San Diego County Water Authority (Water Authority) in three other pending superior court actions between the parties. The Water Authority has also filed a request for judicial notice regarding certain

1 Our factual and procedural background is taken, in part, from our prior opinion in SDCWA v. MWD, supra, 12 Cal.App.5th 1124. A. Background Metropolitan, established by statute in 1928, repealed and reenacted in 1969 (Stats. 1969, ch. 209, §§ 1,2, p. 492, West’s Ann. Wat.-Appen. (1995 ed.) §§ 109-1 et. seq.2), was formed to “ ‘construct and operate the 242-mile Colorado River Aqueduct’ to transport Colorado River water” to cities and communities in Southern California. (SDCWA v. MWD, supra, 12 Cal.App.5th at p. 1131.) “Today, Metropolitan imports water from two principal sources, the Colorado River, using its Colorado River Aqueduct, and Northern California via the state-owned California Aqueduct,” and delivers the water to a voluntary collective of 26-member public agencies, including the Water Authority. (Ibid.) In turn, the Water Authority “delivers the water to…