City of Barstow v. Mojave Water Agency

Opinion

CHIN, J.

I. Introduction

We granted review to determine whether a trial court may definitively resolve water right priorities in an overdrafted basin with a “physical solution” that relies on the equitable apportionment doctrine but does not consider the affected owners’ legal water rights in the basin. We conclude it may not, and affirm the Court of Appeal judgment in that respect. In the second part of this opinion, we address whether the Court of Appeal erred in concluding that the trial court abused its discretion when it determined that a water producer who desired to stipulate to…