Landowner Alegretti and Co. applied with the county for a permit to reactivate a well to withdraw water from the aquifer beneath its farm property. The purpose was to add 200 acres for farming.

The county approved the permit but limited Alegretti to extracting no more than 12,000 acre feet per year of water from the aquifer underlying its property.

Purchase Bob Bruss reports online.

Believing this restriction was an unfair governmental inverse taking of private-property use, Alegretti sued the county for exceeding its authority under local water-use ordinances. Alegretti argued the county had authority to approve well permits, but not to regulate the maximum annual water use.

If you were the judge would you rule Alegretti can be restricted as to the amount of annual well-water use for farming?

The judge said yes!

The county has the right to issue well-water permits and to restrict the maximum annual water use for the benefit of all landowners who share the use of the underground aquifer water, the judge began.

Such restrictions do not constitute a physical or regulatory taking of Allegretti’s property because he can still use the existing wells on other portions of his land, the judge ruled. Therefore, the county’s restriction on annual water use is not unreasonable, the judge concluded.

Based on the 2006 California Court of Appeal decision in Allegretti & Co. v. County of Imperial, 42 Cal.Rptr.3d 122.

(For more information on Bob Bruss publications, visit his
Real Estate Center
).

Show Comments Hide Comments

Comments

Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
Success!
Thank you for subscribing to Morning Headlines.
Back to top
Real estate news and analysis that gives you the inside track. Subscribe to Inman Select for 50% off.SUBSCRIBE NOW×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription