California Court of Appeal

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Abatti v. Imperial Irrigation District, D058329

In a petition proceeding in which plaintiffs maintained that an irrigation district failed to comply with CEQA in adopting regulations for the distribution of water, the trial court's judgment on the CEQA claim in favor of the district is affirmed, where: 1) appellate jurisdiction existed, even though certain other claims were dismissed without prejudice; 2) the regulations did not increase the priority preference that industrial users would receive over agricultural users in case of a water shortage; and 3) there was 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 distribution plan was being implemented.

Appellate Information

  • Decided 04/26/2012
  • Published 04/26/2012

Judges

  • Aaron

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Downey Brand, Allen Matkins Leck Gamble Mallory & Natsis