Ruling by
Andrea Lynn HochLower Court
Sacramento County Superior CourtLower Court Judge
Timothy FrawleyState 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 3DCACite as
2020 DJDAR 7136Published
Jul. 10, 2020Filing Date
Jul. 8, 2020Opinion Type
ModificationDisposition Type
AffirmedSTANFORD 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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