San Diego County Water Authority v. Metropolitan Water District of Southern California
Published: May 17, 2014 | Result Date: Apr. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: CPF-10-510830; CPF-12-512466 Bench Decision – Mixed Verdict
Court
San Francisco Superior
Attorneys
Plaintiff
John W. Keker
(Keker, Van Nest & Peters LLP)
Warren A. Braunig
(Keker, Van Nest & Peters LLP)
Daniel E. Jackson
(Keker, Van Nest & Peters LLP)
Defendant
James J. Dragna
(Morgan, Lewis & Bockius LLP)
James J. Brosnahan
(Morrison & Foerster LLP)
Colin C. West
(Morgan, Lewis & Bockius LLP)
Facts
The San Diego County Water Authority filed suit against the Metropolitan Water District of Southern California, challenging the legality of four of the rates it set.
Contentions
PLAINTIFF'S CONTENTIONS:
San Diego argued that there were three primary defects in how the Metropolitan Water District set its rates. San Diego argued that the Water District improperly allocated the bulk of its costs, associated with its contract with the California Dept. of Water Resources' State Water Project, to the System Access Rate, and the System Power Rate. San Diego also argued that it illegally treated all of its costs for conservation and local water supply development programs as transportation costs.
Result
The court ruled in favor of San Diego on the first two issues, finding that the Metropolitan Water District violated Proposition 26 when calculating its transportation rates. However, the court found in favor of the Water District on the third issue, concluding that San Diego failed to show that dry year peaking issues exited, in which the Water District would improperly assign costs to other member agencies.
Other Information
FILING DATE: Sept. 10, 2012.
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