ELR Citation: ELR 20513
No(s). 3 Civ. 13886 (Cal. Ct. App. Jun 5, 1973)

The city of Los Angeles is required by the California Environmental Quality Act to file an Environmental Impact Report on its expanded groundwater extraction program in Owens Valley. Although the city has been removing water from the valley since 1913 and had constructed a second aqueduct prior to the enactment of the Environmental Quality Act, the drilling of additional wells and increased pumping of existing wells is a new project or a major modification and requires a report. Laches is not a defense because the city was not disadvantaged by the delay and because of the strong public interest in requiring a report. The court issues a writ of mandate setting a maximum on the amount of water Los Angeles may extract pending the required filing of an EIR with the county planning agency. See Friends of Mammoth v. Board of Supervisors of Mono County, 2 ELR 20673.

Counsel for Appellants
Frank H. Fowles District Attorney
Inyo County Court House
Independence, CA 93526

Counsel for Appellees
Kenneth W. Downey Assistant City Attorney
Gilbert W. Lee Deputy City Attorney
111 N. Hope Street
Los Angeles, CA 90051

Counsel for Amicus Curiae, Izaak Walton League
Frederick P. Sutherland
Center for Law in the Public Interest
10203 Santa Monica Blvd.
Los Angeles, CA 90067