Buena Vista Water Storage Dist. v. Kern Water Bank Auth.

Filed 2/23/22; modified and certified for publication 3/22/22 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

BUENA VISTA WATER 2d Civil No. B309764 STORAGE DISTRICT, (Super. Ct. No. 56-2019- 00528316-CU-WM-VTA) Plaintiff and Respondent, (Ventura County)

v.

KERN WATER BANK

AUTHORITY,

Defendant and Appellant.

Appellant Kern Water Bank Authority (KWBA) appeals from the judgment granting respondent Buena Vista Water Storage District’s (Buena Vista) petition for a writ of mandate. KWBA contends the trial court erred in finding its environmental impact report (EIR) inadequate pursuant to the California Environmental Quality Act (CEQA). We agree the EIR was adequate and reverse.

FACTUAL AND PROCEDURAL HISTORY

KWBA is a “Joint Powers Authority,” a public agency consisting of five water districts and one privately-owned mutual water company. KWBA operates Kern Water Bank (KWB). Surface water from various sources, including the Kern River, is diverted into land owned by the KWBA to recharge the KWB. In dry years, KWBA recovers water from the…