ELR Citation: 42 ELR 20098
No(s). D058329 (Cal. App. 4th Dist. Apr 26, 2012)

A California appellate court affirmed a lower court decision denying agricultural water users' claim that an irrigation district violated the California Environmental Quality Act (CEQA) when it adopted regulations for the distribution of water in the event of an actual or potential water shortage. There is substantial evidence to support the district's determination that it was not required to prepare an environmental impact report prior to adopting the regulations. Contrary to the petitioners' claim, the regulations did not increase the priority preference that industrial users would receive over agricultural users in case of a water shortage. There also is substantial evidence to support the district's implicit determination that its approval of a water supply contract with the owner of a new power plant did not constitute a substantial change in the circumstances under which the regulations were being implemented.