Environmental Defense Fund. v. East Bay Municipal Utility District

A utility district, East Bay Municipal Utility District (EBMUD) (defendant) was a water distributor. EBMUD entered a contract to purchase water that would be diverted from an upstream river. EBMUD planned to begin diverting this water at the completion of a particular water construction project. At the time of the contract, EBMUD obtained most of its water from a river, but posited that the additional water from the upstream diversion would be urgently needed for future use. The Environmental Defense Fund, other nonprofit corporations dedicated to preserving the natural environment, and three individuals (water rights advocates) (plaintiffs) brought action for declaratory, mandatory, and injunctive relief. The water rights advocates asserted that the threatened diversion would substantially diminish the flow downstream, destroy all wildlife, and prevent other recreational opportunities. The water rights advocates further contended that the threatened diversion of water violated the constitutional ban on the misuse of resources found in art. XIV, section 3 of the California Constitution. The water rights advocates provided two reasons that EBMUD would violate the constitutional provisions: (1) EBMUD’s decision not to recycle or reclaim current water sources; and (2) it would be an unreasonable use of water because diverting water from an upstream location rather than a downstream location would prevent multiple beneficial uses of water.