Central Basin Municipal Water District v. Water Replenishment District

Good Law
150 Cal. Rptr. 3d 354·2012 Cal. App. LEXIS 1244·211 Cal. App. 4th 943·42 Envtl. L. Rep. (Envtl. Law Inst.) 20258
Court of Appeal of CaliforniaDecember 10, 2012No. B235039California2,654 words

Opinion

Lead Opinion

Flier, J.

This appeal follows the declaration by the respondent Water Replenishment District of Southern California (WRD) of a “water emergency” in the Central Basin, a groundwater basin. Under the terms of a judgment governing the Central Basin, a water emergency may be declared when the Central Basin resources risk degradation. The judgment empowers WRD to declare the water emergency. The judgment governed not only a declared water emergency but also provided a comprehensive framework for *946 water use in the Central Basin. It imposed a “ ‘physical solution,’ ” best described as “ ‘an equitable remedy designed to alleviate overdrafts and the consequential depletion of water resources in a particular area, consistent with the constitutional mandate to prevent waste and unreasonable water use and to maximize the beneficial use of this state’s limited resource.’ [Citation.]” (Hillside Memorial Park & Mortuary v. Golden State Water Co. (2011) 205 Cal.App.4th 534, 538, fn. 2 [ 131 Cal.Rptr.3d 146 ] (Hillside).)

Notwithstanding the comprehensive nature of the judgment, this appeal concerns only the declared water emergency. In a petition for writ of mandate, appellant Central Basin…

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