Bull Field, LLC v. Merced Irrigation Dist.

BACKGROUND

1. The Parties The District provides irrigation water to farmers within its approximately 164,000 acres of service territory pursuant to its statutory obligations. (See Wat. Code, §§ 20513, 20560.)1 Most of the District’s water comes from the Merced River, which the District distributes through a conveyance system of canals, irrigation ditches, and natural waterways. Appellants Bull Field, LLC and Barley, LLC own or lease land outside the District but adjacent to the District in what the parties refer to as the District’s “sphere of influence.” That

1 Subsequent undesignated statutory references are to the Water Code.

2 sphere encompasses land that is within the same groundwater basin as the District’s service territory.2 The District’s main canal runs through an almond orchard belonging to Appellants that is located outside the District’s boundaries. 2. The District’s Decision to Sell Surplus Surface Water in 2019 When sufficient surface water is available in a particular year, the District’s board may authorize the sale of surplus water to out-of-district users. (§ 22259.) The District decided to offer such surplus water for sale in 2019. The District’s…