Court Rejects Central Coast Landowners' Appeal in Groundwater Case
Nossaman Partner Henry Weinstock was quoted in the Pacific Coast Business Times article "Court Rejects Central Coast Landowners' Appeal in Groundwater Case" regarding the California appellate court's rejection of most of the appeals raised by landowners who didn't participate in a 2005 groundwater rights settlement. Nossaman represented Arroyo Grande, Pismo Beach, Grover Beach, and the Oceano Community Services District in the trial court.
The litigation initially began in 1997 to determine who had priority rights to pump groundwater from the Santa Maria basin. Most of the parties reached a settlement in 2005, however, two groups did not and continued to litigate, arguing that the public entities that paid to bring water to the basin did not have rights to the water that then soaked back into the groundwater supply.
Mr. Weinstock is quoted as saying, "The non-settling landowners 99 percent failed on appeal." He continued, "The 1 percent they succeeded on was that they were still entitled to have the judgment declare they did have overlying rights in the areas where they owned land. But that was never really in dispute."