AquAlliance received fantastic news in the last week from three different judges in Colusa and Butte counties who agreed that our three challenges to Groundwater Sustainability Plans (GSPs) were legitimate. The defendants claimed our lawsuits inappropriately used a “reverse validation action” to oppose the Butte, Colusa, and Vina GSPs. Defendants’ primary argument is that the 2014 Sustainable Groundwater Management Act (SGMA) “expressly activates” the validation statutes only as to actions brought by groundwater sustainability agencies, thus implicitly prohibiting reverse validation actions from being brought by any other party – like AquAlliance.
“A validation action is a unique remedy that provides a conclusive determination as to the validity of a public agency’s actions.” [1] Here, the action is the approval of GSPs by Groundwater Sustainability Agencies made up of local government and many districts that market water. The GSPs encompass large valley portions of Butte, Colusa, and Glenn counties, and each plan presents specific threats to the unsuspecting public dependent on groundwater and to the streams, rivers, trees, and species that are supported by healthy aquifers.
After a negative tentative ruling against us in one case, all three judges listened to our attorney during hearings and affirmed that our lawsuits seeking to invalidate the GSPs were sound.
See press articles about the rulings:
- Chico Sol 9.11.22: Lawsuits over groundwater plans can proceed
- Sacramento Valley Mirror 9.3.22: Judges rule groundwater lawsuits allowed to proceed
To read more, see the attached document that includes maps:
We thank all our supporters and members who make it possible for AquAlliance to take on the water elites and local governments that follow them to the detriment of over 90 percent of the population!
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