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Modification: Stanford Vina Ranch Irrigation Co. v. State of Cal.

Ruling by

Andrea Lynn Hoch

Lower Court

Sacramento County Superior Court

Lower Court Judge

Timothy Frawley

State Water Resources Control Board has authority to regulate unreasonable use of water by adopting regulations establishing minimum flow requirements protecting migration of threatened fish species during drought conditions.





Court

California Courts of Appeal 3DCA

Cite as

2020 DJDAR 7136

Published

Jul. 10, 2020

Filing Date

Jul. 8, 2020

Opinion Type

Modification

Disposition Type

Affirmed


STANFORD VINA RANCH IRRIGATION COMPANY,

Plaintiff and Appellant,

v.

STATE OF CALIFORNIA et al.,

Defendants and Respondents.

 

No. C085762

(Super. Ct. No. 34201480001957CUWMGDS)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed July 8, 2020

 

THE COURT:

 

It is ordered that the published opinion filed herein on June 18, 2020, be modified as follows:

On page 34, the last sentence of the first full paragraph beginning with "We agree with the trial court's determination" and immediately preceding the citation to In re Waters of Long Valley Creek System (1979) 25 Cal.3d 339 is deleted. The following sentence is inserted in its place:

 

We agree with the trial court's determination that although "the court's judgment settled questions of apportionment among the parties to the litigation," it does not prevent the Board from adopting regulations and issuing curtailment orders to prevent an unreasonable use of water under article X, section 2.

 

This modification does not change the judgment.

 

 

FOR THE COURT:

RAYE, P. J.

DUARTE, J.

HOCH, J.

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