Cal. Water Impact Network v. Cnty. of San Luis Obispo

*55 *672 The County of San Luis Obispo (County) issues well permits without conducting a California Environmental Quality Act (CEQA) review. Appellant California Water Impact Network petitioned for a writ of mandate to compel County to comply with CEQA. County asserted that well permits are ministerial actions exempt from CEQA. The trial court agreed with County and dismissed appellant's petition on demurrer.

Appellant relies on Chapter 8.40 of the San Luis Obispo County Code, which is intended to prevent groundwater pollution or contamination during well construction. We conclude that issuance of a well permit is a ministerial action under the ordinance. If an applicant meets fixed standards, County must issue a well permit. The ordinance does not require use of personal or subjective judgment by County officials. There is no discretion to be exercised. CEQA does not apply. We affirm.

FACTS AND PROCEDURAL HISTORY

In 2016, County issued permits to construct wells on land belonging to four agricultural enterprises, who are the real parties in interest (RPIs). 1 RPIs' operations, mostly vineyards, are 160 acres to over 400 acres in size. The well depths range from 500 to 1000…