(California Court of Appeal) - In a long-simmering dispute between Central San Joaquin Water Conservation District,which supplies surface water to agricultural customers, and Stockton East Water District, and which operates the conveyance system through which the water flows,in which the trial court was required to determine whether the compensation demanded by defendant for transporting (wheeling) plaintiff's water was 'honest' under the provisions of Water Code section 1811(c), the trial court's judgment in favor of plaintiff -- finding that the Wheeling Statutes, and Wat. Code section 1810 et seq.,must be read as a whole and the language read in light of the purposes and policies of the statutes to facilitate the voluntary exchange of water, noting that the Legislature could have if for a pro rata cost allocation but chose to omit reference to any specific formula or methodology and instead set forth a number of factors that must be considered in setting a wheeling rate -- is affirmed where the trial court's determination is supported by substantial evidence and correctly applies the relevant statutes.
Source: findlaw.com