CENTRAL DELTA WATER AGENCY v. DEPARTMENT OF WATER RESOURCES

No. C078249, No. C080572, No. C086215.

69 Cal.App.5th 170 (2021)

CENTRAL DELTA WATER AGENCY et al., Plaintiffs and Appellants, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; ROLL INTERNATIONAL CORPORATION et al., Real Parties in Interest and Appellants; KERN COUNTY WATER AGENCY et al., Real Parties in Interest and Respondents. CENTER FOR BIOLOGICAL DIVERSITY, Plaintiff and Appellant, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent. CENTER FOR FOOD SAFETY et al., Plaintiffs and Appellants, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; DUDLEY RIDGE WATER DISTRICT et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Third District, Sacramento.

September 22, 2021.


Attorney(s) appearing for the Case

Law Office of Adam Keats, Adam Keats ; John Buse and Aruna Prabhala for Plaintiffs and Appellants in case No. C078249.

April Rose Sommer , John Buse and Nicholas Whipps for Plaintiff and Appellant in case No. C080572.

Law Office of Adam Keats, Adam Keats ; Kellan Smith ; John Buse and Aruna Prabhala for Plaintiffs and Appellants in case No. C086215.

Nossaman, Stephen N. Roberts , Robert D. Thornton , John J. Flynn III , David Miller ; Roll Law Group and Sophie N. Froelich for Real Parties in Interest and Appellants Roll International Corporation, Paramount Farming Company LLC, Westside Mutual Water Company and Tejon Ranch Company in case No. C078249.

Downey Brand, Steven P. Saxton , Kevin M. O'Brien ; Young Wooldridge, Steven M. Torigiani and Ernest A. Conant for Real Party in Interest and Appellant Kern Water Bank Authority in case No. C078249.

Young Wooldridge, Steven M. Torigiani and Ernest A. Conant for Real Parties in Interest and Appellants Dudley Ridge Water District, Semitropic Water Storage District, Tejon-Castac Water District and Wheeler Ridge-Maricopa Water Storage District in case No. C078249.

Rossmann and Moore, Antonio Rossmann and Roger B. Moore for Planning and Conservation League as Amicus Curiae on behalf of Plaintiffs and Appellants in case No. C078249.

Kamala D. Harris , Xavier Becerra , and Rob Bonta , Attorneys General, Robert W. Byrne , Assistant Attorney General, Eric M. Katz , Marilyn H. Levin and Daniel M. Fuchs , Deputy Attorneys General, for Defendant and Respondent.

Kronick, Moskovitz, Tiedemann & Girard, Hanspeter Walter, Daniel J. O'Hanlon and Elizabeth L. Leeper for Real Party in Interest and Respondent Kern County Water Agency in case No. C078249.

Adam C. Kear and Marcia L. Scully for Real Party in Interest and Respondent The Metropolitan Water District of Southern California in case No. C078249.

Redwine and Sherrill, Steven B. Abbott and Julianna K. Tillquist for Real Party in Interest and Respondent Coachella Valley Water District in case No. C078249.

The Law Offices of Young Wooldridge and Steven M. Torigiani for Real Party Interest and Respondent Oak Flat Water District in case No. C078249.

Lemieux & O'Neill, W. Keith Lemieux and Christine M. Carson for Real Parties in Interest and Respondents Littlerock Creek Irrigation District and San Gabriel Valley Municipal Water District in case No. C078249.

Brownstein Hyatt Farber Schreck and Lisabeth D. Rothman for Real Parties in Interest and Respondents Central Coast Water Authority and Santa Barbara County Flood Control and Water Conservation District in case No. C078249.

Somach Simmons & Dunn, Andrew Hitchings and Aaron A. Ferguson for Real Party in Interest and Respondent City of Yuba City in case No. C078249.

Minh Tran , County Counsel, and Robert Martin , Deputy County Counsel, for Real Party in Interest and Respondent Napa County Flood Control and Water Conservation District in case No. C078249.

Brunick, McElhaney & Beckett and Leland McElhaney for Real Party in Interest and Respondent Mojave Water Agency in case No. C078249.

Best Best & Krieger and Kimberly E. Hood for Real Parties in Interest and Respondents Antelope Valley-East Kern Water Agency, Santa Clarita Valley Water Agency, Crestline-Lake Arrowhead Water Agency, Desert Water Agency, and San Gorgonio Pass Water Agency in case No. C078249.

Colleen Carlson , County Counsel, for Real Party in Interest and Respondent County of Kings in case No. C078249.

Anthony T. Fulcher for Real Party in Interest and Respondent Santa Clara Valley Water District in case No. C078249.

Herum/Crabtree/Suntang and Jeanne M. Zolezzi for Real Party in Interest and Respondent Solano County Water Agency in case No. C078249.

Hanson Bridgett and Stephen B. Peck for Real Party in Interest and Respondent Alameda County Water District in case No. C078249.

Downey Brand and David R.E. Aladjem for Real Parties in Interest and Respondents Alameda County Flood Control and Water Conservation District, Zone 7 and San Bernardino Valley Municipal Water District in case No. C078249.

Aleshire & Wynder, Eric L. Dunn and Lindsay M. Tabaian for Real Party in Interest and Respondent Palmdale Water District in case No. C078249.

Nossaman, Stephen N. Roberts, Robert D. Thornton , John J. Flynn III , David Miller ; Roll Law Group and Kristina Diaz for Real Parties in Interest and Respondents Roll International Corporation, Roll Law Group PC, Paramount Farming Company LLC and Westside Mutual Water Company in case No. C086215.

Downey Brand, Steven P. Saxton , Kevin M. O'Brien ; Young Wooldridge, Steven M. Torigiani and Ernest A. Conant for Real Party in Interest and Respondent Kern Water Bank Authority in case No. C086215.

Young Wooldridge, Steven M. Torigiani and Ernest A. Conant for Real Parties in Interest and Respondents Dudley Ridge Water District, Semitropic Water Storage District, Tejon-Castac Water District and Wheeler Ridge-Maricopa Water Storage District in case No. C086215.

Kronick, Moskovitz, Tiedemann & Girard and Hanspeter Walter for Real Party in Interest and Respondent Kern County Water Agency in case No. C086215.

Adam C. Kear and Marcia L. Scully for Real Party in Interest and Respondent The Metropolitan Water District of Southern California in case No. C086215.

Redwine and Sherrill and Steven B. Abbott for Real Party in Interest and Respondent Coachella Valley Water District in case No. C086215.

Anthony T. Fulcher for Real Party in Interest and Respondent Santa Clara Valley Water District in case No. C086215.

Hanson Bridgett and Nathan A. Metcalf for Real Party in Interest and Respondent Alameda County Water District in case No. C086215.

The Law Offices of Young Wooldridge, Steven M. Torigiani and Brett A. Stroud for Real Party Interest and Respondent Oak Flat Water District in case No. C086215.

Best Best & Krieger, Charity Schiller and Kimberly E. Hood for Real Parties in Interest and Respondents Santa Clarita Valley Water Agency, San Gorgonio Pass Water Agency, Desert Water Agency and Crestline-Lake Arrowhead Water Agency in case No. C086215.

Olivarez Madruga Lemieux O'Neill and Manuel D. Serpa for Real Party in Interest and Respondent Littlerock Creek Irrigation District in case No. C086215.

Brownstein Hyatt Farber Schreck and Amy M. Steinfeld for Real Party in Interest and Respondent Central Coast Water Authority in case No. C086215.

Lagerlof, Senecal, Gosney & Kruse and James D. Ciampa for Real Party in Interest and Respondent San Gabriel Valley Municipal Water District in case No. C086215.

Juliana F. Gmur , Assistant County Counsel, for Real Party in Interest and Respondent County of Kings in case No. C086215.

Ruddell, Stanton, Bixler, Mauritson & Evans and Aubrey A. Mauritson for Real Party in Interest and Respondent Tulare Lake Basin Water Storage District in case No. C086215.

Somach Simmons & Dunn and Aaron A. Ferguson for Real Party in Interest and Respondent City of Yuba City in case No. C086215.

William J. Brunick for Real Parties in Interest and Respondents the Mojave Water Agency and the Antelope Valley-East Kern Water Agency in case No. C086215.


OPINION

We have consolidated three appeals against respondent Department of Water Resources (DWR). All involve litigation related to changes in long-term water supply contracts brought about by the "Monterey Agreement" and "Monterey Amendment."

In the first case...

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