DeLoreto v. Goleta County Water District

WOOD, P. J. Pursuant to section 32200 of the Water Code, Emil and Elizabeth M. DeLoreto petitioned respondent board of directors to exclude their land from respondent water district. After a hearing, the board denied the petition. Mr. and Mrs. DeLoreto then petitioned the superior court for a writ of mandate compelling exclusion of their land from the district. The court entered a judgment denying the petition. The petitioners appeal from the judgment.

Appellants contend that the evidence before the board does not support the board's finding that the land will be substantially and directly benefited by its continued inclusion in the district.

Petitioners’ land, consisting of 9 acres, has been located within respondent district since the district was organized in 1944 under the County Water District Law. (Wat. Code, §§ 30000-33901.) One of the purposes for organizing the district was to enable participation in the “Caehuma project,” a project proposed by the United States Bureau of Reclamation to increase the water supply in the Santa Barbara area. (Section 31020 et seq. of the Water Code prescribe the purposes of a county water district.) On April 10, 1952, the district, after having been authorized to do so at a public election, entered into a contract with the United States which provided for the construction of a distribution system connecting land within the district to the Caehuma project at a cost of $3,600,000, to be repaid by the district (by assessments on the land within the district) over a period of 40 years.

The system, which includes several branch mains, one of which has an outlet to petitioners’ land, was completed, and petitioners’ land received service from the district through the system from August 1, 1954, to September 30, 1959. At that time there were two houses and a lemon orchard on the land. On December 24, 1958, upon the request of petitioners (to obtain sewer service to the land), the land was annexed to the City of Santa Barbara; and, since September 30, 1959, the land has been used for residential and commercial purposes [166]and has received its water service from the city. (A portion of the land has received water service from the city since 1934 for domestic purposes.)

On July 10, 1962, petitioners filed a petition with the board for exclusion of their land from the district, and a hearing was held on August 30, 1962. A transcript of the proceedings at the hearing before the board was received in evidence in this mandamus action.