Rosedale-Rio Bravo Water Storage Dist. v. Buena Vista Water Storage Dist. CA6
H051858
Cal. Ct. App.Dec 23, 2024Background
- Rosedale-Rio Bravo Water Storage District (Rosedale) sought a legal declaration that it could move water previously used on its ranch lands through the Kern River, Isabella Dam and reservoir, and claim delivery for groundwater recharge.
- Rosedale owns pre-1914 appropriative rights on the South Fork of the Kern River, acquired with purchased ranch lands between 2013 and 2018.
- The named defendants (the "Kern River Interests") collectively control the operation and capacity of the Isabella Dam and reservoir via their agent, the Kern River Water Master.
- Rosedale's Onyx Project aims to transfer water from the former ranch lands downstream for recharge, but defendants objected, asserting procedural deficiencies.
- The trial court sustained demurrers (without leave to amend), ruling that Rosedale failed to exhaust the required administrative remedy under California's "wheeling statutes" (Water Code § 1810 et seq.).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the wheeling statutes apply to Rosedale’s requested water transfer | Wheeling statutes don’t apply: Isabella Dam is federally owned and isn’t a conveyance facility | Wheeling statutes apply: Defendants control dam operations, and facility is used for conveyance | Wheeling statutes apply to Rosedale’s project |
| Whether Kern River Interests are “owners” for purposes of the wheeling statutes | Kern River Interests aren’t “owners”; ownership means fee title, and only applies to U.S. in this case | "Owner" includes entities exercising control or management, per Water Code definition | Kern River Interests are owners under the wheeling statutes |
| Whether Isabella Dam/reservoir qualifies as a "water conveyance facility" | Dams/reservoirs only store, not convey, water | Facility is integral to conveyance system per statutory scheme and precedent | Dam/reservoir are conveyance facilities under the statutes |
| Whether Rosedale should be allowed to amend the complaint | Leave to amend should be granted to clarify claims | No viable amendment, claims subject to administrative remedy | Denial of leave to amend was not an abuse of discretion |
Key Cases Cited
- Central Delta Water Agency v. State Water Resources Control Bd., 124 Cal.App.4th 245 (Cal. Ct. App. 2004) (defines "wheeling," supporting the application of wheeling statutes to water transfers)
- Metropolitan Water Dist. v. Imperial Irrigation Dist., 80 Cal.App.4th 1403 (Cal. Ct. App. 2000) (discusses voluntary water transfers and state water policy)
- San Diego County Water Authority v. Metropolitan Water Dist., 12 Cal.App.5th 1124 (Cal. Ct. App. 2017) (explains fair compensation and administrative process under wheeling statutes)
- San Luis Coastal Unified School Dist. v. City of Morro Bay, 81 Cal.App.4th 1044 (Cal. Ct. App. 2000) (storage can be incidental to conveyance for statutory purposes)
