A state appeals court just ruled in favor of AquAlliance and partners against Westlands Water District. The court denied Westlands’ attempt to move forward with a permanent contract as opposed to its renewable contracts that reflect the district’s junior status in the water seniority system. The proposed 2019 contract was a biased attempt by a former Westlands’ lawyer and lobbyist, Interior Secretary David Bernhard, to require the federal government to provide unreasonable, unsustainable, and unattainable amounts of water to the district.

The contract would also have cut monies owed to the federal government by over $200,000,000 and subverted obligations held by Westlands to implement drainage studies and solutions for the pollution caused by irrigation in certain parts of its service area. The LA Times reported at the time of the contract proposal that “The size of Westlands’ water contract has long been controversial in light of the soil problems that plague the 600,000-acre district. Much of it sits atop a clay layer, which prevents water from draining easily and concentrates toxic metals, including naturally occurring selenium.” By making permanent the delivery of Delta water to Westlands through the Central Valley Project (CVP), the contract would have placed unreasonable pressure on the federal government to provide water in perpetuity that the CVP cannot sustainably or responsibly deliver, violating numerous laws including the Public Trust Doctrine.

AquAlliance is thrilled at the victory.