RECENT CALIFORNIA DECISIONS

October 2004

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Third District Finds Counties May Regulate Private Reservoirs
Delta Wetlands Properties v. County of San Joaquin

California’s Third District Court of Appeal recently held that state law did not preempt the County of San Joaquin from adopting an ordinance prohibiting the construction of private reservoirs of 500 acres of more anywhere in the county (except in agricultural zones). The court ruled that the county’s ordinance would potentially apply to Delta Wetlands Properties’ proposed commercial water storage project in the Delta, even though it had already received a permit to store water from the State Water Resources Control Board. The decision may solidify the authority of local governments to adopt laws affecting water and water rights notwithstanding the state’s substantial interest in the field.