MOJAVE PISTACHIOS, LLC v. SUPERIOR COURT

No. G062327.

99 Cal.App.5th 605 (2024)

318 Cal. Rptr. 3d 180

MOJAVE PISTACHIOS, LLC, et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; INDIAN WELLS VALLEY GROUNDWATER AUTHORITY et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

February 8, 2024.


Attorney(s) appearing for the Case

Brownstein Hyatt Farber Schreck, Scott S. Slater , Amy M. Steinfeld and Elisabeth L. Esposito for Petitioners.

Best Best & Krieger, Jeffrey V. Dunn, Eric L. Garner, Wendy Y. Wang and Sarah Christopher Foley for Searles Valley Minerals, Inc., and California Building Industry Association as Amici Curiae on behalf of Petitioners.

Jason Resnick for Western Growers Association as Amicus Curiae on behalf of Petitioners.

Christian C. Scheuring for California Farm Bureau Federation as Amicus Curiae on behalf of Petitioners.

Egoscue Law Group, Tracy J. Egoscue and Tarren A. Torres for Western Growers Association, California Farm Bureau Federation, Dairy Cares, and American Pistachio Growers as Amici Curiae on behalf of Petitioners.

Allen Matkins and David L. Osias for Elizabeth Cardoza, Clay Daulton, David Gill, Landon Gill, Michele Lasgoity, Monica Lasgoity, Rosemary Lasgoity, Jeff Lefors, Mark Peters, Sally Roberts, Candace Khanna, Rakesh Khanna, Taisto Smith, SWD Investments, Inc., and SWD Investments-Fulton Ranch, Inc. (Madera Landowners), as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Richards, Watson & Gershon, James L. Markman , Kyle H. Brochard and Jacob C. Metz for Real Parties in Interest.


OPINION

Mojave Pistachios, LLC,1 owns about 1,600 acres of land in the Mojave Desert. On that acreage, it has planted a pistachio orchard that it irrigates exclusively with groundwater pumped from the underlying water basin. The Department of Water Resources has determined that basin is...

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