Mission Peak Conservancy v. State Water Resources Control Board
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The Water Rights Permitting Reform Act of 1988 provides a streamlined process for acquiring a right to appropriate up to 10 acre-feet of water per year from a stream into a storage facility, such as a pond or tank, by registering the use with the State Water Resources Control Board, paying a fee, and subsequently putting the water to “reasonable and beneficial use.” Given its lack of discretion over individual permits, the board has designated the registration process generally to be exempt from the California Environmental Quality Act (CEQA, Pub. Resources Code 21000) as a ministerial decision.
Mission Peak sued the board, alleging CEQA violations by granting a small domestic use registration to the Georges without first conducting an environmental review. The Georges’ registration form, on its face, met the program requirements. Mission Peak alleged that the form was replete with false information, of which the board was or should have been aware. The court of appeal affirmed the dismissal of the suit. The registration was exempt from CEQA as a ministerial act. Conducting an environmental review would be a meaningless exercise because there is no discretion to reduce a project’s environmental damage by requiring changes.
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