San Diego Cnty. Water Auth. v. Metro. Water Dist. of S. Cal.

Good Law
12 Cal. App. 5th 1124·2017 Cal. App. LEXIS 567·220 Cal. Rptr. 3d 346
Court of Appeal of CaliforniaJune 21, 2017A146901; A148266California481 words

Opinion

Concurring Opinion

Siggins, J.

I join fully in Justice Pollak's opinion for the court, and write separately to express an additional reason why I believe the Rate Structure Integrity (RSI) provision in the contract between Metropolitan Water District of Southern California (Metropolitan) and the San Diego County Water Authority (Water Authority) is invalid. I believe it is unconstitutional for a different reason than the effect it may have on the right to petition for redress of grievances. In my view, it is inconsistent with the constitutional requirement that water rates be set in the manner prescribed by law because it seeks to evade the statutory scheme that governs the joint use of capacity in water conveyance facilities set forth in the wheeling statutes at division 2, article 4 of the Water Code (§§ 1810 - 1814 ). I would conclude it is unenforceable for this reason.

Our state Constitution provides that: "The right to collect rates or compensation for the use of water supplied to any county, city and county, town, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the manner prescribed by law." ( Cal. Const., art. X, § 6.)

The wheeling statutes provide a…

Lead Opinion

The City of Los Angeles acting by and through the Los Angeles Department of Water and Power: Michael N. Feuer, City Attorney, Joseph A. Brajevich, General Counsel, Julie C. Riley, Deputy City, Melanie Tory, Deputy City Attorney, MEYERS, NAVE, RIBACK, SILVER & WILSON, Amrit S. Kulkarni, Gregory J. Newmark, Los Angeles

Municipal Water District of Orange County: ALESHIRE & WYNDER, LLP, Stephen R. Onstot

City of Torrance: John L. Fellows III, CITY ATTORNEY, Patrick Q. Sullivan, ASSISTANT CITY ATTORNEY

Las Virgenes Municipal Water District, Eastern Municipal Water District, Western Municipal Water District, Foothill Municipal Water District, and West Basin Municipal Water District: LEMIEUX & O'NEILL, Steven P. O'Neill, Westlake Village, Michael Silander

Three Valleys Municipal Water District: BRUNICK, MCELHANEY & KENNEDY, Steven M. Kennedy, San Bernardino

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