State of California v. Superior Court

Opinion

McKINSTER, J.

In this matter we are asked to determine whether or not the State of California (hereinafter State or petitioner) owns all of the groundwater present under the surface of the State. We conclude that it does, but that its “ownership” is not necessarily such as to trigger an “owned property” exclusion in a policy of liability insurance. Accordingly, we set aside the trial court’s ruling that the “owned property” exclusion applies, and remand for further proceedings on the question.

This action has its genesis in the State’s maintenance and/or operation of a toxic waste…