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METROPOLITAN WATER v. IMPERIAL IRR. DIST.

No. B119968.

96 Cal.Rptr.2d 314 (2000)

80 Cal.App.4th 1403

METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, Plaintiff and Appellant, v. IMPERIAL IRRIGATION DISTRICT et al., Defendants and Appellants; Cadiz Inc., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

As Modified on Denial of Rehearing June 15, 2000.

Rehearing Denied June 23, 2000.

Review Denied September 13, 2000.

Attorney(s) appearing for the Case

N. Gregory Taylor; Horvitz & Levy, Ellis J. Horvitz, Mitchell C. Tilner, Encino, and Nina E. Scholtz for Plaintiff and Appellant Metropolitan Water District of Southern California.

Allen, Matkins, Leek, Gamble & Mallory, David L. Osias, Jeffrey R. Patterson, Mark J. Hattam, San Diego; Horton, Knox, Carter & Foote and John P. Carter, El Centro, for Defendant and Appellant Imperial Irrigation District.

Daniel Hentschke, Oceanside; Hatch & Parent, Scott S. Slater, Robert J. Saperstein and Stephanie C. Osier, Santa Barbara, for Defendant and Appellant San Diego County Water Authority.

Rapport and Marston and Lester J. Marston, Ukiah, for Defendant and Appellant Chemehuevi Indian Tribe.

David E. Ridenour, Whittier; Morisset, Schlosser Ayer & Joswiak and Mason D. Morisset, Seattle, WA, for Defendant and Appellant Quechan Indian Tribe.

Felger & Associates, Warren P. Felger and Jennifer D. Reisz for Defendant and Respondent Cadiz Inc.

Robert C. Fellmeth and Elisa M. D'Angelo for Defendant and Respondent Center for Public Interest Law.

TURNER, P.J.

I. INTRODUCTION

State law mandates that the owner of a water conveyance system with unused capacity allow others to use the facility to transport water. The use of a water conveyance facility by someone other than the owner or operator to transport water is referred to as "wheeling." In return for wheeling, the water conveyance system owner is entitled to "fair compensation." (Wat.Code

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