Tuesday April 21, 2026
Maven’s Notebook —
In a major milestone that prevailing attorneys described as a victory for common sense, the Delta region, the environment, and ratepayers throughout California, the California Supreme Court has denied review of a landmark opinion issued by the Court of Appeal in the Sacramento-based Third Appellate District late last year. That Court’s opinion, first issued on December 31, 2025 and finalized with minor modifications when rehearing was denied the next month, unanimously affirmed a trial court decision holding that the State Department of Water Resources (DWR) exceeded its authority when it approved bond resolutions to finance DWR’s proposed Delta tunnel.
The appellate decision was certified for publication except for a short section involving issues the Court of Appeal did not need to reach after invalidating DWR’s resolutions and revenue pledges. That final decision is reported as Department of Water Resources v. Metropolitan Water District of So. Calif., et al. (2025) 117 Cal.App.5th 751 (Opinion). Despite the title, Metropolitan Water District of Southern California was one of several water contractors unsuccessfully siding with DWR. The diverse array of agencies and groups that succeeded in opposing DWR included multiple counties, environmental, taxpayer, fisheries, and tribal organizations, and water contractors concerned about saddling ratepayers with escalating tunnel costs. When the California Supreme Court denied DWR’s petition for review on April 15, 2026, it also rejected DWR’s request to depublish the Third District’s comprehensive opinion, preserving it as precedent.