Modification: Millview County Water Dist. v. State Water Resources Control

MILLVIEW COUNTY WATER DISTRICT,

Plaintiff and Respondent,

v.

STATE WATER RESOURCES CONTROL BOARD,

Defendant and Appellant;

SONOMA COUNTY WATER AGENCY,

Real Party in Interest and Respondent.

No. A146605

(Mendocino County

Super. Ct. No. SCUK-CVPT-14-64233)

California Courts of Appeal

First Appellate District

Division One

Filed March 25, 2019

It is ordered that the opinion filed herein on February 22, 2019, be modified as follows:

1. On page 9, in the first full paragraph, delete the sentence that reads, "Millview also does not contend it anticipated any further substantive decisionmaking by the Board following the hearing," and add as footnote 6, the following footnote, which will require renumbering of all subsequent footnotes:

⁶ Millview argues the Board could have modified the draft order at a subsequent closed session on the May 20, 2014 meeting agenda. However, nothing in the record suggests the closed meeting actually occurred once the Board decided to adopt the draft order at the conclusion of the public hearing. Moreover, as discussed in section II.A.2., post, because the Board formally adopted the order during the public hearing, any subsequent substantive changes would require either a motion by the Board or a petition from any interested person or entity. (§ 1122.)

The modification does not change the appellate judgment. (Cal. Rules of Court, rule 8.264(c)(2).)

Respondent's petition for rehearing is denied.

Dated:

Margulies, Acting P.J.