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Environmental Law
Water Rights
Declaratory Relief and Injunctive Relief

Goleta Water District v. Slippery Rock Ranch LLC, and Does 1 to 20, inclusive

Published: Mar. 25, 2017 | Result Date: Feb. 23, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 1487005 Bench Decision –  Plaintiff

Court

Santa Barbara Superior


Attorneys

Plaintiff

Carl L. Blumenstein
(Nossaman LLP)

Alfred E. Smith

Frederic A. Fudacz
(Nossaman LLP)

Mary L. McMaster
(Law Office of Mary L. McMaster)


Defendant

Terese A. Mosher-Beluris

Michael Meeks

Russell McGlothlin

Douglas E. Wance
(Buchalter)


Facts

The Goleta Water District, which supplies water to approximately 87,000 residents in Santa Barbara County, brought a complaint for declaratory relief and injunction against Slippery Rock Ranch LLC, a private ranch owner.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was infringing on its water rights by offering to sell water located in an aquifer underneath the ranch. Plaintiff contended and offered expert evidence to prove that the underlying aquifer served as source of recharge for plaintiff's groundwater supply basin.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff did not have appropriative or superior water rights to the exclusion of its right to appropriate and export groundwater from its property.

Result

In Phase I of the trial, the court ruled in plaintiff's favor, finding that defendant's rights were junior to plaintiffs.

Other Information

In addition, the court found that the defendant proved its right to export between 262 AFY and 1592 AFY annually of surplus groundwater. The court will adjudicate in Phase II a physical solution for the water resource. FILING DATE: Feb. 13, 2015.


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