A developer sought approval from a local government agency to develop a parcel of land previously used for agricultural purposes for residential use. The agency conducted the mandatory environmental impact report (EIR) on the parcel to determine the development’s potential impact on the region’s water supply. The agency issued the developer a building permit based on the EIR, claiming the development would not have a significant negative impact on the region’s water supply since the development would use less water than the agency originally allocated to the parcel when it was used for agricultural purposes. A citizen’s group sought to stop the development of the parcel, claiming the agency improperly issued the developer a building permit since the EIR’s analysis of the development’s impact on the region’s water supply was based on the amount of water allotted to the parcel when it was used for agricultural purposes and not on the amount of water actually being used by the parcel at the time — an amount less than what the development would use. A California court of appeals held the agency properly issued the developer a building permit to develop a parcel of land for residential use since the agency’s EIR showed the development would not use more water than the agency originally allotted to the parcel of land. [Cherry Valley Pass Acres and Neighbors v. City of Beaumont (2010) 190 CA4th 316]
