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CALIFORNIA AMERICAN WATER v. CITY OF SEASIDE

No. H034335.

183 Cal.App.4th 471 (2010)

CALIFORNIA AMERICAN WATER, Plaintiff and Respondent, v. CITY OF SEASIDE et al., Defendants and Respondents; MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, Intervener and Appellant.

Court of Appeals of California, Sixth District.

April 1, 2010.

Attorney(s) appearing for the Case

Shute, Mihaly & Weinberger, Ellison Folk, Amanda R. Garcia; Delay & Laredo and David C. Laredo for Intervener and Appellant.

California Environmental Law Project and Laurens H. Silver for Sierra Club as Amicus Curiae on behalf of Intervener and Appellant.

Carrie Lynn Gleeson, Timothy J. Miller; Diepenbrock Harrison, Andrea A. Matarazzo, Jon D. Rubin and Valerie C. Kincaid for Plaintiff and Respondent.

Brownstein, Hyatt, Farber, Schreck, Russell M. McGlothlin; Perry & Freeman and Donald G. Freeman for Defendant and Respondent City of Seaside.

Sheri L. Damon for Defendant and Respondent Security National Guaranty.

Heisinger, Buck & Morris and James G. Heisinger, Jr., for Defendant and Respondent City of Sand City.

OPINION

ELIA, J. —

The Monterey Peninsula Water Management District (MPWMD or the District) appeals from an order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin. The MPWMD contends that the court exceeded its jurisdiction and violated the doctrine of separation of powers by restricting the District's authority to require environmental...

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