San Diego County Water Auth. v. Metropolitan Water Dist. of S. Cal. CA1/3

FACTS

We set forth only those facts necessary to give context to the resolution of the issues raised on this appeal. The underlying facts are more fully set forth in our prior opinions in San Diego County Water Authority v. Metropolitan Water Dist. of Southern California (2017) 12 Cal.App.5th 1124

1 (SDCWA I) and San Diego County Water Authority v. Metropolitan Water Dist. of Southern California (Sept. 21, 2021, A161144 [nonpub. opn.]) (SDCWA II). A. Background Metropolitan, established by statute in 1928, repealed and reenacted in 1969 (Stats. 1969, ch. 209, §§ 1,2, p. 492, West’s Ann. Wat.-Appen. (1995 ed.) §§ 109-1 et. seq.1), was formed to “ ‘construct and operate the 242-mile Colorado River Aqueduct’ to transport Colorado River water” to cities and communities in Southern California. (SDCWA I, supra, 12 Cal.App.5th at p. 1131.) “Today, Metropolitan imports water from two principal sources . . . and delivers the water to a voluntary collective” of 26 member agencies, including the Water Authority. (Ibid.) In turn, the Water Authority “delivers the water to retail water agencies serving households and businesses in San Diego County.” (Id. at p. 1130.) In 2003, the parties…