Modification: County of Butte v. Dept. of Water Resources

COUNTY OF BUTTE,

Plaintiff and Appellant,

v.

DEPARTMENT OF WATER RESOURCES,

Defendant and Respondent;

STATE WATER CONTRACTORS, INC., et al.,

Real Parties in Interest and Respondents.

COUNTY OF PLUMAS et al.,

Plaintiffs and Appellants,

v.

DEPARTMENT OF WATER RESOURCES,

Defendant and Respondent;

STATE WATER CONTRACTORS, INC., et al.,

Real Parties in Interest and Respondents.

No. C071785

(Super. Ct. No. CVCV091258)^*

California Courts of Appeal

Third Appellate District

(Yolo)

Filed May 1, 2023

ORDER MODIFYING OPINION AND DENYING REHEARING

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on April 7, 2023, be modified as follows:

1.       On page 16, the second sentence of the first full paragraph, beginning "And while true that DWR did not discuss" is deleted and the following sentence is inserted in its place:

And while true that DWR did not discuss each of these authorities in its EIR, it still conveyed much of the same type of information.

This modification does not change the judgment. Appellants' petition for rehearing is denied.

FOR THE COURT:

/s/

ROBIE, Acting P. J.

/s/

HULL, J.

/s/

BOULWARE EURIE, J.

EDITORIAL LISTING

APPEAL from a judgment of the Superior Court of Yolo County, Daniel P. Maguire, Judge. Affirmed.

Bruce Alpert, Brad J. Stephens, County Counsel; Rossmann and Moore, Antonio Rossmann, Roger B. Moore, Barton Lounsbury; Law Office of Roger B. Moore, Roger B. Moore; Shute Mihaly & Weinberger and Ellison Folk for Plaintiff and Appellant County of Butte.

R. Craig Settlemire, Gretchen Stuhr, County Counsel; Law Office of Roger B. Moore, Roger B. Moore; Law Offices of Michael B. Jackson and Michael B. Jackson for Plaintiffs and Appellants County of Plumas and Plumas County Flood Control and Water Conservation District.

E. Robert Wright for Friends of the River and the California Sportfishing Protection Alliance as Amici Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris, Xavier Becerra, and Rob Bonta, Attorneys General, Robert W. Byrne, Assistant Attorney General, Randy L. Barrow, Tracy L. Winsor, Deborah L. Barnes, Russell B. Hildreth and Matthew J. Goldman, Deputy Attorneys General, for Defendant and Respondent.

The Sohagi Law Group, Margaret M. Sohagi, Philip A. Seymour; Duane Morris, Thomas M. Berliner, Paul J. Killion, Jolie-Anne S. Ansley; Downey Brand, David R.E. Aladjem, Meredith Nikkel and Rebecca R.A. Smith for Real Parties in Interest and Respondents.

^* Two cases (Nos. 144282, 144283) were consolidated and transferred from the Butte County Superior Court to the Yolo County Superior Court (No. CVCV091258).