AQUIFER LAWSUIT GROWS EDWARDS, LANDOWNERS NOW A PART OF DISPUTE.

Byline: Karen Maeshiro Staff Writer

LANCASTER - Edwards Air Force Base and hundreds of large landowners will be drawn into a 6-year-old court case that could place limits on how much well water can be pumped annually from dwindling Antelope Valley's aquifer.

A judge overseeing the half-dozen lawsuits filed on behalf of two Kern County farming companies and a Los Angeles County waterworks district has ordered the county to serve lawsuits on Edwards and property owners who own 100 acres or more.

``He didn't want to waste time in state court if Edwards was going to move to federal court later,'' said Tom Bunn, attorney for the Palmdale and Quartz Hill water districts. ``The federal government typically does that. Los Angeles County is trying to talk them into not moving into federal court.''

The case is being presided over by Santa Clara County Superior Court Judge Jack Komar, who at a hearing last week in San Jose ordered the county to serve lawsuits on Edwards within 20 days and on the property owners within 30 days.

Komar was appointed to hear the case by the Judicial Council of California and has experience and knowledge in the area of water law, officials said. He is currently handling another groundwater adjudication case in Santa Maria, officials said.

The next court hearing on the case is set for Dec. 2 in the Los Angeles area, which will make it easier for residents and interested parties to attend, officials said.

Senior Deputy County Counsel Fred Pfaeffle said Edwards is a ``necessary party.'' County officials have been meeting with base representatives to discuss the case, he said.

``We have not served them yet because we have been sensitive to the fact that we want to give them a chance to express the way they would want to participate in this case,'' Pfaeffle said.

Edwards officials declined to comment.

``The Air Force doesn't comment on pending or ongoing litigation,'' base spokesman Gary Hatch said.

Both Pfaeffle and Bunn said it would be better if the case were to stay state court, citing Komar's experience.

``This judge is experienced and knows about water issues. I hope the county is successful in convincing Edwards Air Force Base into not moving to federal court,'' Bunn said.

``We understand everyone has a common goal, including the federal government, that is to accomplish basin management,'' Pfaeffle said. ``If the goal is to accomplish efficient management, Edwards may agree that the judge may be right for the case.''

Pfaeffle said owners of large landholdings probably number in the hundreds.

``We also understand that to have a meaningful adjudication we must have any significant user of groundwater. It's not necessary under California law to serve all landowners in order to effectuate an adjudication. It's not advisable or convenient to bring in every single landowner in the case,'' Pfaeffle said.

The litigation stems from lawsuits filed by two Kern County farming companies, Diamond Farming Co. and Wm. Bolthouse Farms Inc., in 1999 and 2001, against Antelope Valley water districts and government agencies. The companies were seeking priority rights to the water beneath their Antelope Valley farmland.

Last year, Los Angeles County jumped into the fray, saying, with population growing and farm irrigation up 40 percent over five years, that Antelope Valley's underground water supply is declining.

County officials filed complaints calling for adjudication, or a judicial determination of the groundwater rights of public and private parties in the Antelope Valley.

Pfaeffle said attorneys will be working with the court to ensure that small landowners are given an opportunity to participate through a procedure akin to a class-action proceeding. Residents whose homes are supplied by private wells have expressed concern about how the adjudication will affect their right to water.

``They will not have to hire attorneys and incur significant expense to assure their rights would be recognized,'' Pfaeffle said.

One of the attorneys for one of the farming companies said that every single landowner in the Antelope Valley should be sued, but Komar agreed with county officials that that would not be necessary, Pfaeffle said.

Defendants in the lawsuits include the county waterworks district, the city of Lancaster, Palmdale and Quartz Hill water districts, Antelope Valley Water Co. and the Rosamond Community Services District.

Karen Maeshiro, [phone]

karen.maeshiro(at)dailynews.com