Public Water Agencies Group v. Consolidated Fire Protection District

Appellants and respondents both sought declaratory relief concerning their respective rights and obligations under Government Code section 53069.9. Appellants provide fire protection for the County of Los Angeles; respondents supply water to residents of the County of Los Angeles, including appellants. Prior to 1980, appellants and respondents had regularly entered into written agreements concerning the furnishing of water by respondents and the payment therefor by appellants. After Government Code section 53069.9 was amended, effective January 1, 1980, appellants refused to enter into any further agreements. A controversy arose between the parties concerning whether, under the section as amended, respondents were obligated to provide water to appellants free of charge. We have concluded that the trial court properly ruled in favor of respondents.

*698 I

We are called upon to determine the effect of the 1977 and 1979 amendments to Government Code section 53069.9 with respect to: (1) a holding in Arcade County Water Dist. v. Arcade Fire Dist. (1970) 6 Cal.App.3d 232 [ 85 Cal.Rptr. 737 ], and (2) whether the amendments changed the law to require that free water be…