ELR Citation: ELR 20123
No(s). F047094 (Cal. App. 5th Dist. Jun 26, 2006)

A court affirms a lower court decision that water districts have an obligation to provide treated water to a town for domestic and other needs but that the cost of treatment may be passed along to the consumer. The water districts' obligation to provide domestic water supply can be found in the language of a 1921 contract and is supported by the long-standing practice of the districts in assuming responsibility for treating the water. But the town has cited no language in any conveyance, contract, or other document that would support a finding that the districts were required to provide free water. In addition, the water districts have the right to impose reasonable-use restrictions on water provided to the town's residents, and the districts' conservation rules are exempt from environmental review under the California Environmental Quality Act. Nor do the conservation rules constitute a "taking" for purposes of the town's inverse condemnation cause of action against the districts.