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Court holds Water Supply Assessment is required even when public water system is not involved

Posted by: Maven on June 2, 2010 at 7:50 am

From Best Best & Kreiger:

“In a decision last week involving both the California Environmental Quality Act (CEQA) and the Water Supply Assessment (WSA) statute, the Court of Appeal addressed the circumstances that trigger the preparation of a WSA under Water Code Section 10910. The court held that an environmental impact report (EIR) was inadequate for failing to include a WSA.

Center for Biological Diversity v. County of San Bernardino involved a 160-acre, open-air composting facility in the County of San Bernardino (the Project). Following the County's certification of an EIR and approval of the Project, a challenge was filed. Central to that challenge was an argument that a WSA was required for the Project, and that the County's failure to include a WSA rendered the EIR's analysis of water supply inadequate. The trial court concluded that the EIR did not adequately analyze the Project's water supply impacts, in part because no WSA was obtained. The County appealed. … “

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June 2, 2010 · Filed Under Water Quality

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