Alameda County Flood Control & Water Conservation District v. Department of Water Resources

Good Law

152 Cal. Rptr. 3d 845·2013 Cal. App. LEXIS 122·213 Cal. App. 4th 1163·43 Envtl. L. Rep. (Envtl. Law Inst.) 20038

Court of Appeal of CaliforniaFebruary 15, 2013No. C065522California16,172 words

Opinion

lead Opinion

Duarte, J.

“As Mark Twain is said to have observed: ‘Whiskey is for drinking; water is for fighting over.’ ” (County of Imperial v. Superior Court *1169 (2007) 152 Cal.App.4th 13, 18 [ 61 Cal.Rptr.3d 145 ] (Imperial).) As lamented nearly 50 years ago, California’s water is still maldistributed relative to supply and demand, and “California’s North-South war still smoulders and is far from being resolved.” (1 Rogers & Nichols, Water for Cal. (1967) California Water Plan, § 87, pp. 115-116 (Rogers & Nichols).)

The primary issue in this appeal after a court trial is whether the trial court properly interpreted the standard State Water Project (SWP) contract regarding how to credit water recipients (contractors) with the revenues from Oroville Dam hydropower (Oroville or Hyatt-Thermalito power). This power is now purchased by defendant Department of Water Resources (DWR) for use within the SWP, although some of it is then pooled with other SWP system power and traded or resold on the open market.

Generally speaking, plaintiffs are Northern California contractors who challenge DWR’s methods, and interveners are Southern California contractors who defend the status quo.

The trial court…

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Parties

ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, and
Plaintiff
DEPARTMENT OF WATER RESOURCES, and ANTELOPE VALLEY-EAST KERN WATER AGENCY and
Defendant

Judges

Duarte

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