RECENT CALIFORNIA DECISIONS

July 2009

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Second District Holds Repeal of Water Code Provisions for Consolidation Did Not Eliminate Mechanism for Consolidation under Cortese-Knox LAFCO Act
San Bernardino Valley Water Conservation Dist. v. San Bernardino Local Agency Formation Commission

The Second District Court of Appeal affirmed the lower court’s ruling and concluded that San Bernardino Local Agency Formation Commission (LAFCO) had authority to order consolidation of water districts pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (the LAFCO Act) (Cal. Gov’t. Code §§ 56000 et seq. and 57000 et seq.). Under the LAFCO Act, the court found that the LAFCO had the ability to evaluate San Bernardino Valley Municipal Water District’s (SBMWD) application for consolidation with the San Bernardino Water Conservation District (SBWCD).