This case was last updated from Butte County Superior Courts on 08/01/2022 at 14:16:36 (UTC).

AquAlliance et al vs Biggs-West Gridley Water District et al

Case Summary

On 02/15/2022 AquAlliance filed an Other lawsuit against Biggs-West Gridley Water District. This case was filed in Butte County Superior Courts, Butte County Superior Court - North Butte County Courthouse located in Butte, California. The Judge overseeing this case is Benson, Stephen E. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****0348

  • Filing Date:

    02/15/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Judge

Benson, Stephen E

 

Party Details

Plaintiffs

AquAlliance

California Water Impact Network

California Sportfishing Protection Alliance

Defendants

Biggs-West Gridley Water District

Butte Water District

County of Butte

City of Biggs

City of Gridley

Colusa Groundwater Authority

Reclamation District 1004

Reclamation District 2106

Richvale Irrigation District

Western Canal Water District

County of Glenn

All Persons Interested in the Matter of the Validity of the Butte Subbasin Groundwater Sustainability Plan

DOES 1 through 500

Attorney/Law Firm Details

Plaintiff Attorneys

Keats, Adam F

Jackson, Michael Bruce

Defendant Attorneys

Cooper, Dustin Charles

Wallace, Aidan Patrick

Doud, Alan Frederick

Stroud, Brett Anthony

Kincaid, Valerie Cornwall

Marz, Jonathan Richard

 

Court Documents

Proof of Service of Summons/Complaint as to Reclamation District 2106

05/03/2022: Proof of Service of Summons/Complaint as to Reclamation District 2106

Proof of Service of Summons/Complaint - City of Gridley

05/03/2022: Proof of Service of Summons/Complaint - City of Gridley

Notice and Acknowledgment of Receipt as to City of Biggs

05/03/2022: Notice and Acknowledgment of Receipt as to City of Biggs

Notice and Acknowledgment of Receipt as to Reclamation District No. 1004

05/03/2022: Notice and Acknowledgment of Receipt as to Reclamation District No. 1004

Notice and Acknowledgment of Receipt as to Glenn County

05/03/2022: Notice and Acknowledgment of Receipt as to Glenn County

Notice and Acknowledgment of Receipt as to Colusa Groundwater Authority

05/03/2022: Notice and Acknowledgment of Receipt as to Colusa Groundwater Authority

Notice and Acknowledgment of Receipt as to Butte Water District

05/03/2022: Notice and Acknowledgment of Receipt as to Butte Water District

Notice and Acknowledgment of Receipt as to Butte County

05/03/2022: Notice and Acknowledgment of Receipt as to Butte County

Notice and Acknowledgment of Receipt as to Biggs-West Gridley Water District

05/03/2022: Notice and Acknowledgment of Receipt as to Biggs-West Gridley Water District

Proof / Affidavit of Publication

04/12/2022: Proof / Affidavit of Publication

Amended Summons

03/07/2022: Amended Summons

Ex Parte Application for Order to Issue Amended Summons and Designating Newspaper for Publication

03/02/2022: Ex Parte Application for Order to Issue Amended Summons and Designating Newspaper for Publication

Amended Civil Case Cover Sheet

02/22/2022: Amended Civil Case Cover Sheet

Civil Case Cover Sheet

02/18/2022: Civil Case Cover Sheet

Proof of Mailing

02/17/2022: Proof of Mailing

Notice of Assignment and Case Management Conference

02/17/2022: Notice of Assignment and Case Management Conference

Complaint

02/15/2022: Complaint

Summons

02/15/2022: Summons

31 More Documents Available

 

Docket Entries

  • 08/10/2022
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  • DocketCase Management Conference; Summons; Complaint; Notice of Assignment and Case Management Conference; Proof of Mailing; Civil Case Cover Sheet; Amended Civil Case Cover Sheet; Amended Summons; Proof / Affidavit of Publication; Notice and Acknowledgment of Receipt as to Biggs-West Gridley Water District; Notice and Acknowledgment of Receipt as to Butte County; Notice and Acknowledgment of Receipt as to Butte Water District; Notice and Acknowledgment of Receipt as to Colusa Groundwater Authority; Notice and Acknowledgment of Receipt as to Glenn County; Notice and Acknowledgment of Receipt as to Reclamation District No. 1004; Notice and Acknowledgment of Receipt as to City of Biggs; Proof of Service of Summons/Complaint - City of Gridley; Proof of Service of Summons/Complaint as to Reclamation District 2106; Proof of Service of Summons/Complaint as to Western Canal Water District; Proof of Service of Summons/Complaint as to Richvale Irrigation District; Defendants' Case Management Statement; Plaintiffs' Case Management Statement; Judicial Officer: Benson, Stephen E; Hearing Time: 10:30 AM

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  • 07/26/2022
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  • DocketCase Management Statement; Plaintiffs' Case Management Statement

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  • 07/26/2022
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  • DocketCase Management Statement; Defendants' Case Management Statement

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  • 07/20/2022
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  • DocketProof of Mailing

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  • 07/20/2022
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  • DocketRuling; Order After Hearing; Judicial Officer: Benson, Stephen E; Comment: Order After Hearing

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  • 07/13/2022
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  • DocketMinute Order; Civil Minutes

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  • 07/13/2022
  • DocketCase Under Submission for Decision; Judicial Officer: Benson, Stephen E

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  • 07/13/2022
  • DocketTentative Ruling; Comment: Defendants Biggs-West Gridley Water District, Butte Water District, City of Biggs, City of Gridley, Colusa Groundwater Authority, County of Butte, County of Glenn, Reclamation District 1004, Reclamation District 2106, Richvale Irrigation District, and Western Canal Water District's Demurrer to Complaint in Validation is SUSTAINED with leave to amend. Plaintiffs, if they so choose, shall file an amended pleading within 20 days. Water Code 10726.6: Action to determine validity of plan; Proceeding to attack fees (a) A groundwater sustainability agency that adopts a groundwater sustainability plan may file an action to determine the validity of the plan pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure no sooner than 180 days following the adoption of the plan. The parties have thoroughly briefed Bonander v. Town of Tiburon, (2009) 46 Cal. 4th 646 and the Court agrees that Bonander is instructive on the issue of whether a reverse validation action is permitted under Water Code 10726.6. Preliminarily the Court agrees with Plaintiffs that there are some notable differences between this case and Bonander, specifically the applicable statute in Bonander explicitly prohibited reverse validation actions. There is no such explicit language in Water Code 10726.6. However, there are important similarities as well. Specifically, both the statute in Bonander and Water Code 10726.6 contain language which limit the category of persons who could bring a validation action - in Bonander it was the legislative body or contractor, here it is a "groundwater sustainability agency". As Bonander noted, "The apparent intent of the Legislature in making this 1961 amendment to section 10601 was to incorporate the general validation procedure into the Municipal Improvement Act of 1913 but without otherwise substantively changing the law."(Bonander, supra at pp. 656-657) The Court finds the same interpretation applies to Water Code 10726.6(a), in that the apparent intent of the legislature was to incorporate the validation procedure in a limited manner so that the subject agency could avail itself to the validation procedures, however, it was not intended to open up reverse validation procedures to the public. As Bonander noted, "Obviously these parties were interested in confirming the validity of the assessment, not contesting it ..." (Bonander, supra at pp. 655) The Court's interpretation of Bonander is that the Court would have come to the same conclusion even without the express language in the applicable statute. In other words the limitation of an action in validation being brought by the legislative body or contractor would have been sufficient to find that reverse validation actions were not intended by the statute. Defendants shall prepare and submit a form of order within 10 days.

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  • 07/13/2022
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  • DocketDemurrer; Defendant's Demurrer to Complaint in Validation; Memorandum of Points and Authorities in Support of Demurrer; Declaration of Aidan P Wallace in Support of Defendant's Demurrer to Complaint; Declaration of Jonathan R Marz in Support of Defendants' Demurrer to Complaint; Declaration of Demurring Party Re: Meet and Confer; Stipulation and Order Continuing Hearing on Defendants' Demurrer; Plaintiff's Opposition to Demurrer; Defendants' Reply to Plaintiffs' Opposition to Demurrer to Complaint in Validation; Civil Minutes; Judicial Officer: Benson, Stephen E; Hearing Time: 9:00 AM; Result: Held; Comment: Defendants' Demurrer to Complaint in Validation; Plaintiff; Attorney: Keats, Adam F; Plaintiff; Attorney: Keats, Adam F; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Wallace, Aidan Patrick; Plaintiff; Attorney: Keats, Adam F; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Stroud, Brett Anthony; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Wallace, Aidan Patrick; Defendant; Retained Counsel: Kincaid, Valerie Cornwall

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  • 07/06/2022
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  • DocketReply; Defendants' Reply to Plaintiffs' Opposition to Demurrer to Complaint in Validation; Comment: Defendants' Reply to Plaintiffs' Opposition to Demurrer to Complaint in Validation

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24 More Docket Entries
  • 03/02/2022
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  • DocketEx Parte Application with Hearing; Ex Parte Application for Order to Issue Amended Summons and Designating Newspaper for Publication; Comment: Ex Parte Application for Order to Issue Amended Summons and Designating Newspaper for Publication of Summons

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  • 02/22/2022
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  • DocketCivil Case Cover Sheet; Amended Civil Case Cover Sheet; Comment: Amended Civil Case Cover Sheet

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  • 02/18/2022
  • Cause Of ActionCause Of Action: Judicial Review; Type: Action; Description: Violation of SGMA; Remedy: Money- damages sought; Amount: $0.0

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  • 02/18/2022
  • DocketCause Of Action; Action Judicial Review; File Date 02/18/2022

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  • 02/18/2022
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  • DocketCivil Case Cover Sheet

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  • 02/17/2022
  • DocketProof of Service; Served: 03/18/2022; Served: 04/07/2022; Unserved; Unserved; Served: 04/13/2022; Unserved; Served: 04/07/2022; Served: 04/19/2022; Served: 04/19/2022; Served: 04/19/2022; Unserved

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  • 02/17/2022
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  • DocketProof of Mailing

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  • 02/17/2022
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  • DocketNotice of Assignment and Case Management Conference; Judicial Officer: Benson, Stephen E

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  • 02/15/2022
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  • DocketComplaint

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  • 02/15/2022
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  • DocketSummons Issued and Filed; Summons

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