Representative Cases

Water Rights

• Mojave Pistachio LLC v. Indian Wells Valley Groundwater Authority (2024); (Official citation pending).
  Plaintiff grows pistachios on 1600 acres in the Coachella Valley. It irrigates its orchards with water pumped from the underlying water basin. Pursuant to Water Code section 10720 et seq (the Sustainable Groundwater Act commonly known as SGMA), the local groundwater agency determined that all groundwater extractions would be subject to a statutory basin replenishment fee. Plaintiff refused to pay and filed suit challenging the agency’s authority to impose the replenishment fee. The trial court sustained the agency’s demurrer finding that plaintiff’s claims were barred by California’s “pay first, litigate later” rule. Justice Goethals wrote the court’s published opinion which reviewed the complex history of California water law before affirming the trial court’s ruling.