Case Alert: California Appellate Case is First to Apply Save Tara Decision to Water Supply Agreements for Project Development

Case Alert: California Appellate Case is First to Apply Save Tara Decision to Water Supply Agreements for Project Development

Feb 19, 2009

Article

Brownstein Case Alert, February 19, 2009
California Appellate Case, Riverwatch et al. v. Olivenhain Municipal Water District et al., 2009 WL 214608 (Cal.App.4 Dist.), is the first to Apply the Save Tara Decision to water supply agreements for project development. The circumstances of this case instruct responsible agencies, especially those supplying water or providing another component service to a larger project, to expressly condition the effectiveness of the agreement with a private project applicant on CEQA compliance and to retain discretion as a responsible agency to modify the agreement with mitigation measures or alternatives that may need to be considered based on analysis of environmental impacts under CEQA.

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