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VI. The Consolidation of the Appeals

In January 2008, the Newhall County Water District (NCWD) filed a motion in

our court, asking us to consolidate SCOPE’s appeal in the California Oak case involving

the City’s EIR/FAA (case No. B203782), and CWIN’s appeal in its parallel annexation-
related case (case No. B203781). In February 2008, we granted the motion to consolidate

the appeals.

DISCUSSION

I. The City’s EIR/FAA Includes Adequate Information on the Subject of Water

Supplies for the Proposed Project
Picking up where our prior opinion in California Oak left off, CWIN contends the

City’s recertified EIR/FAA for Gate King’s proposed project violates CEQA because the

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City still has not discussed the subject of water supplies adequately. More specifically,
CWIN contends the City’s EIR/FAA does not adequately inform the public, and/or the

appropriate decision-making government officials, that DWR’s still-not-yet-completed

“programmatic” review of the Monterey Agreement and Monterey Amendments may

“undermine” the continuing viability of the transfer of 41,000 AFY of SWP water from
the Kern County Water Agency (KCWA) to the Castaic Lake Water Agency (CLWA).

This omission, argues CWIN, means that the relevant decision-makers do not have an

adequate understanding of the potential problems that might affect the amount of water

which CLWA will receive, meaning they do not have an adequate understanding of the

potential problems which CLWA may have in delivering water to the Newhall County
Water District (NCWD), meaning they do have an adequate understanding of the

potential problems which NCWD may have in delivering water to the Gate King project.

We disagree with CWIN’s contention that the City’s EIR/FAA is inadequate.

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Our references to CWIN include both CWIN and SCOPE, which have filed joint
briefs on appeal.

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