Morgan Miller Blair

On November 19, 2008, the First District Court of Appeal determined that the  City of Rohnert Park (“City”) properly adopted a water supply assessment and held that a water supplier has “substantial discretion” in determining how to measure groundwater sufficiency for new development projects.  O.W.L. Foundation v. City of Rohnert Park, Case A114809 (2008).

Pursuant to section 10910 et. seq. of the California Water Code (the “statute"), a public water supplier is required to prepare a water supply assessment (“WSA”) analyzing whether water supplies are sufficient for certain types of proposed development projects.  The purpose of the WSA is to assist local agencies in deciding whether to approve development projects.  If the project proposes to use groundwater, the statute requires the water supplier to analyze whether groundwater supplies will be sufficient to meet the projected demand associated with the project.  The statute requires the WSA to discuss and analyze specific information regarding groundwater sources and supply.  See Cal. Water Code section 10910(f).

O.W.L. Foundation filed suit challenging the WSA, claiming its groundwater sufficiency analysis did not legally satisfy the statutory requirements.  The trial court held that the study area used in the WSA was not sufficient to make a determination about the relevant groundwater basin and concluded that the WSA was legally inadequate. 

The court of appeal reversed, determining the WSA appropriately analyzed the groundwater supplies for a proposed project, holding that the analysis “need not analyze groundwater pumping by all users in an entire basin” and the “statute does not specify a particular methodology for a sufficiency analysis”.  The court held the statute “affords the water supplier substantial discretion in determining how to measure groundwater sufficiency.”  The court further held the statute does not require a WSA to analyze pumping throughout an entire basin, stating that such a requirement would be “an enormous, if not impossible burden on a water supplier.”  In conclusion, this important decision gives water suppliers substantial discretion in determining the appropriate method to be used in conducting a groundwater sufficiency analysis for new developments.