Water Replenishment District of Southern California v. City of Cerritos

This case concerns unused storage space in the Central Basin, an “ ‘area containing a groundwater reservoir capable of furnishing a substantial water supply.’ ” (Central and West Basin Water Replenishment Dist. v. Southern Cal. Water Co. (2003) 109 Cal.App.4th 891, 896-897, fn. 1 [ 135 Cal.Rptr.2d 486 ] (WRD I).) The Central Basin extends underneath approximately 277 square miles and provides a source of water for cities, municipalities, water companies, school districts, landowners, and others. (Id. at p. 898.) Appellants seek to amend a judgment, originally issued in 1965, which, among other things, allocated the right to extract water from the Central Basin. (Id. at p. 899.)

In 2003, we considered a motion seeking to allocate the underground storage space in the Central Basin to persons with the adjudicated right to *1066 extract water from the Central Basin. We found that although the court had jurisdiction to consider the motion, the proposed allocation was inconsistent with the mandate for the beneficial use of water as required by the California Constitution. (WRD I, supra, 109 Cal.App.4th at pp. 903-904, 912-913.) Article X, section 2 of the California…