Modification: Environmental Law Foundation v. State Water Resources Control Bd.

ENVIRONMENTAL LAW FOUNDATION,

Plaintiff and Appellant,

v.

STATE WATER RESOURCES CONTROL BOARD,

Defendant and Respondent;

EAST SAN JOAQUIN WATER QUALITY COALITION,

Real Party in Interest and Respondent;

SAN JOAQUIN COUNTY RESOURCE CONSERVATION DISTRICT et al.,

Interveners and Respondents.

No. C093513

(Super. Ct. No. 34201880002851CUWMGDS)

California Court of Appeal

Third Appellate District

Filed April 13, 2023

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

PROTECTORES DEL AGUA SUBTERRANEA,

Plaintiff and Appellant,

v.

STATE WATER RESOURCES CONTROL BOARD,

Defendant and Respondent;

CENTRAL VALLEY REGIONAL WATER QUALITY CONTROL BOARD et al.,

Real Parties in Interest and Respondents;

SAN JOAQUIN COUNTY RESOURCE CONSERVATION DISTRICT et al.,

Interveners and Respondents.

(Super. Ct. No. 34201880002852CUWMGDS)

MONTEREY COASTKEEPER et al.,

Plaintiffs and Appellants,

v.

STATE WATER RESOURCES CONTROL BOARD et al.,

Defendants and Respondents;

EAST SAN JOAQUIN WATER QUALITY COALITION et al.,

Interveners and Respondents.

(Super. Ct. No. 34201880002853CUWMGDS)

THE COURT:

It is ordered that the published opinion filed herein on March 17, 2023, be modified as follows:

1. At page 11, in the third paragraph, modify the sentence that begins with "The State Water Board adopted" so that it reads in its entirety:

The State Water Board adopted the Antidegradation Policy in response to an earlier iteration of this directive.

2. At page 26, in the second sentence of the second full paragraph, "In additional" should be modified to say "In addition" so that the sentence reads in its entirety:

In addition to verification of proper [management practice] implementation (Key Element 2), feedback mechanisms are needed to clearly indicate whether and when additional or different [management practices] or [management practice] implementation measures must be used, or other actions taken.

3. At page 58, before the first paragraph that begins with "Finally, Protectores argues the State Water Board misinterpreted or misapplied AGUA" add a subheading numbered and worded as follows:

3. Application of AGUA

There is no change in the judgment.

ROBIE, Acting P. J.

MAURO, J.

RENNER