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L Ss Tio Is T Ti L SS TIO IS T TI Groundwater Basin Adjudication c/o JND Legal Administration P.O. Box 91244 Seattle, WA 98111 1-833-291-1643 Hello, Enclosed is the Notice of Commencement of Groundwater Basin Adjudication, Answer to Adjudication Complaint, and Second Amended Verified Complaint, which pertain to a lawsuit concerning the Las Posas Valley Groundwater Basin. This case (Case No. VENCI00509700) is currently being heard in the Santa Barbara County Superior Court, Civil Division, Department No. 3, 1100 Anacapa St, Santa Barbara, California 93121. If you have any questions concerning the Groundwater Basin Adjudication, please call I-833-291-1643, or write to Groundwater Basin Adjudication, c/o JND Legal Administration, P.O. Box 91244, Seattle, WA 98111. Administrator Enclosures: Notice of Commencement of Groundwater Basin Adjudication, Answer to Adjudication Complaint, and Second Amended Verified Complaint 1 2 3 4 5 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SANTA BARBARA 10 LAS POSAS VALLEY WATER RIGHTS CASE NO. VENCI00509700 COALITION, an unincorporated association; 11 PLACCO, INC., a California Corporation; Assignedfor all purposes to the Honorable GRIMES ROCK, INC., a California Thomas P. Anderle 12 corporation; SATICOY PROPERTIES, LLC, a California limited liability company; SCS ANSWER TO ADJUDICATION 13 PARTNERS, a California partnership; GREEN COMPLAINT HILLS RANCH, LLC, a California limited 14 liability company; ROLLING GREEN HILLS RANCH, LLC, a California limited liability 15 company, 16 Plaintiffs, 17 V. 18 FOX CANYON GROUNDWATER MANAGEMENT AGENCY, a public entity; 19 all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in 20 the property described in the complaint adverse to plaintiffs' title or any cloud on plaintiffs' 21 title thereto; THERMIC MUTUAL WATER COMPANY LTD;, a mutual water company; 22 SUNSHINE RANCH, LLC, a California limited liability company; CITY OF 23 MOO RP ARK; FULLER FALLS MUTUAL WATER COMP ANY, a mutual water 24 company; CRESTVIEW MUTUAL WATER COMPANY, a mutual water company; ZONE 25 MUTUAL WATER COMPANY, a mutual water company; BERYLWOOD HEIGHTS 26 MUTUAL WATER COMPANY, a mutual water company; DEL NORTE WATER 27 COMPANY, a mutual water company; KIRSCHBAUM, LLC, a California limited 28 liabilit com an ; LEMON 500, LLC, a 1535410.1 1 ANSWER TO ADJUDICATION COMPLAINT 1 Delaware limited liability company; MITTAG RANCHES, GENERAL PARTNERSHIP, a 2 general partnership; MITTAG FARMS, GENERAL PARTNERSHIP, a general 3 partnership; CALLEGUAS MUNICIPAL WATER DISTRICT, a municipal water 4 district; VENTURA COUNTY WATERWORKS DISTRICT NO. 1 and 5 VENTURA COUNTER WATERWORKS DISTRICT NO. 19 collectively 6 WATERWORKS DISTRICTS; COUNTY OF VENTURA; TOM GRETHER FARMS, INC., 7 a California corporation; RANCHO CANADA WATER COMPANY, a California limited 8 partnership; UNITED WATER CONSERVATION DISTRICT, a California 9 water conservation district; ARROYO LAS POSAS MUTUAL WATER COMPANY, a 10 mutual water company; BALCOM BIXBY WATER ASSOCIATION, a California 11 corporation; EPWORTH MUTUAL WATER COMPANY, a mutual water company; LA 12 LOMA RANCH MUTUAL WATER i:i... COMP ANY, a mutual water company; LAS ~ LOMAS MUTUAL WATER COMPANY, a ~ 13 Q mutual water company; SATICOY COUNTRY z 14 CLUB, a California corporation; SOLANO -< VERDE MUTUAL WATER COMPANY, a ~ O'.:l 15 mutual water company; WATERS ROAD >- DOMESTIC USERS GROUP, INC., a z~ 16 California corporation; CALIFORNIA­ ~ AMERICAN WATER COMP ANY, a 0 17 California corporation; CITY OF SIMI Q VALLEY; BUTLER RANCH MUTUAL 18 WATER CO., a mutual water company; and DOES 1 through 3000, inclusive, 19 Defendants. 20 21 ANSWER TO ADJUDICATION COMPLAINT 22 23 The undersigned denies all material allegations in the complaint or cross­ 24 complaint in this action that seeks to adjudicate rights in the groundwater basin and 25 asserts all applicable affirmative defenses to that complaint. 26 27 DATED: ------- 28 1535410.1 2 ANSWER TO ADJUDICATION COMPLAINT 1 2 NOTICE OF COMMENCEMENT OF 3 GROUNDWATER BASIN ADJUDICATION 4 5 THIS NOTICE IS IMPORTANT. ANY RIGHTS YOU CLAIM TO PUMP 6 OR STORE GROUNDWATER FROM THE BASIN IDENTIFIED IN THIS 7 NOTICE MAY BE AFFECTED BY A LAWSUIT INITIATED BY THE 8 COMPLAINT SUMMARIZED BELOW. 9 A copy of the complaint may be obtained by contacting the plaintiffs or the 10 plaintiffs' attorney identified in this notice. If you claim rights to pump or store 11 groundwater within the basin, either now or in the future, you may become a party 12 to this lawsuit by filing an answer to the lawsuit on or before the deadline specified p.. i---4 in this notice. You may file an answer by completing the attached form answer, i---4 13 0 z 14 filing it with the court indicated in this notice, and sending a copy of the form -< ~ answer to the plaintiff or the plaintiffs attorney. p::) 15 >- µ.)z 16 Failing to participate in this lawsuit could have a significant adverse effect on ~ 0 17 any right to pump or store groundwater that you may have. You may seek the 0 18 advice of an attorney in relation to this lawsuit. Such attorney should be consulted 19 promptly. A case management conference in this groundwater basin adjudication 20 proceeding shall occur on the date specified in this notice. If you intend to 21 participate in the groundwater adjudication proceeding to which this notice applies, 22 you are advised to attend the initial case management conference in person or have 23 an attorney represent you at the initial case management conference. 24 Participation requires the production of all information regarding your 25 groundwater use. You must provide this information by the date identified in this 26 notice. 27 A form answer is provided for your convenience. You may fill out the form 28 answer and file it with the court. Should you choose to file the form answer, it will 1 NOTICE OF COMMENCEMENT OF GROUNDWATER BASIN AD JUDI CATION 1 serve as an answer to all complaints and cross-complaints filed in this case. 2 The following information is provided pursuant to Code of Civil Procedure 3 section 836(a)(l)(B): 4 (i) Name of Basin: Las Posas Valley Groundwater Basin. A map of the Las 5 Posas Valley Groundwater Basin is available at 6 https://sgma.water.ca.gov/webgis/?appid=160718113212&subbasinid=4-008 7 (ii) Case No. VENC100509700, Santa Barbara County Superior Court, Civil 8 Division, Department No. 3, 1100 Anacapa St, Santa Barbara, California 93121 9 (iii) Plaintiffs' counsel may be contacted at the following mailing address, 10 telephone number and email address: 11 12 David Aladjem 0.. Downey Brand LLP ,...1 13 ,...1 621 Capitol Mall, 18th Floor Cl z 14 Sacramento, CA 95814-4731 ~ ~ (916) 444-1000 i:o 15 >-, [email protected] z~ 16 ~ (iv) Plaintiffs' Second Amended Complaint seeks a comprehensive 0 17 Cl adjudication of the Las Posas Valley Groundwater Basin ("Basin") and alleges five 18 causes of action. The First Cause of Action for Declaratory Relief is asserted 19 against all defendants, and seeks a judicial declaration that will comprehensively 20 adjudicate the rights and duties of all parties to this action to the Basin's 21 groundwater. Similarly, the Fourth Cause of Action seeks a comprehensive 22 determination of the respective title, rights, and interests of the parties in the 23 Basin's groundwater, and is asserted against all defendants except Fox Canyon. 24 The Second, Third, and Fifth Causes of Action are asserted solely against 25 Defendant F'ox Canyon Groundwater Management Agency ("Fox Canyon"). The 26 Second Cause of Action seeks a writ of mandate against Fox Canyon on the ground 27 that its Emergency Ordinance E violates Article XIII C of the California 28 2 NOTICE OF COMMENCEMENT OF GROUNDWATER BASIN ADJUDICATION 1 Constitution because it imposed a tax without the required voter approval. The 2 Third Cause of Action also seeks a writ of mandate agairist Fox Canyon on the 3 ground that Emergency Ordinance E is arbitrary and capricious on the grounds that: 4 (a) it violates Plaintiffs' water rights under California law; (b) Fox Canyon lacked a 5 reasonable scientific and technical basis for Ordinance E's findings; (c) it takes 6 Plaintiffs' water rights without the payment of just compensation in violation of the 7 California and U.S. constitutions; and (d) it violates Plaintiffs' rights to due process 8 under the California and U.S. constitutions. Alternatively, the Third Cause of 9 Action seeks a writ of mandate directing Fox Canyon to review Ordinance E in 10 accordance with Article 5 of the ordinance. Finally, the Fifth Cause of Action for 11 Due Process Violations and Inverse Condemnation alleges that Fox Canyon's 12 adoption and continued enforcement of Ordinance E violated Plaintiffs' due process i::i... ~ 13 ~ rights and requires the payment of just compensation under the California and U.S. c:l z 14 constitutions. <0::: ~ 15 :>-< (v) Date by which persons receiving the notice must appear in the l:i:I z 16 comprehensive adjudication: Thirty (30) days after receiving this notice. The Case ~ 0 17 c:l Management Conference in this groundwater basin adjudication proceeding is set 18 for June 21, 2019. Please take notice that a mediation conference is scheduled for 19 June 6 and 7 in the Anacapa Division of the Santa Barbara County Superior Court. 20 21 22 23 24 25 26 27 28 3 NOTICE OF COMMENCEMENT OF GROUNDWATER BASIN ADJUDICATION 1 GOLDENRING & PROSSER A PROFESSIONAL LAW CORPORATION 2 PETER A. GOLDENRING (Bar No. 79387) 6050 Seahawk Street 3 Ventura, CA 93003 Telephone: 805.642.6702 4 Facsimile: 805.642.3145 [email protected] 5 ELECTRONICALLY FILED DOWNEY BRAND LLP Superior Court of California 6 DAVID R.E. ALADJEM (Bar No. 152203) County of Santa Barbara MEGHAN M.
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