The Orange County Water District’s complex rules governing the pumping of groundwater in the region have been affirmed by a state appeals court after a decade-long legal dispute with a public agency that extracts water from the basin.
The state’s Second Appellate District Court handed down the decision on Oct. 7, siding with OCWD’s formula for assessing those who pump groundwater in Orange County. The Irvine Ranch Water District, one of the entities that pumps groundwater for local uses, argued that the way OCWD defines “supplemental (water) sources” to determine the assessments on pumpers was not valid.
Irvine Ranch currently operates two water recycling plants in Orange County that refine and purify wastewater so that it can be used for landscaping and agricultural purposes. The district has argued in litigation against the OCWD that such recycled water should be considered a “supplemental source” of water, which would translate into lower pumping assessments based on the OCWD’s formula for calculating those fees.
But the appeals court disagreed, concluding that the definition of supplemental water should not include recycled water, which is collected within the watershed of the Santa Ana River. Irvine Ranch contended that since the wastewater it treats would be piped into the ocean if it were not recycled, this water source should be considered a “supplemental source.”
The court, however, found that the Orange County Water District Act refers to “supplemental sources” as those outside the regional watershed. The appellate judges found the term “watershed” to be a geographical reference that would not include recycled water produced in the OCWD’s watershed boundaries.
“We hold the text of the act clearly employs the term ‘watershed’ to describe a geographical area,” the court said in its opinion. In turn, the court rejected Irvine Ranch’s position that the term “supplemental sources” refers to water outside the “drainage system” flowing into the Santa Ana River.
In a news release following the court ruling, OCWD said the decision reaffirms the district’s statutory authority to manage the groundwater basin in a sustainable way. This prevents overpumping of a resource that provides 85% of the water that 19 cities and water districts depend upon, according to the OCWD.
“In 2018, the Los Angeles Superior Court ruled in favor of the district, and now the California Court of Appeal has fully affirmed it,” OCWD President Cathy Green said in a prepared statement. “This victory reflects the outstanding work of OCWD and the agencies we serve. We remain committed to ensuring a reliable, cost-effective water supply for the communities we’ve supported for decades.”
In a statement emailed to the Southern California Record, the OCWD said that it was pleased with the appeals court decision, but could not comment on whether Irvine Ranch would attempt to appeal the ruling to the state Supreme Court.
“That decision rests with IRWD, but OCWD believes the appeals court’s decision was well-reasoned and correct and likely to withstand legal scrutiny if IRWD does appeal,” the OCWD statement said.
Irvine Ranch did not respond to a request for comment.
OCWD has indicated that its management policies have reduced the region’s dependence on more expensive imported water. The district uses revenues it receives from the pumping assessments to purchase water to replenish groundwater supplies and to guard against seawater intrusion into the basin.