Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
17-17130
|
Pacific Coast Federation of Fishermen's Associations v. Glaser
District court erred by interpreting 'entirely' to mean 'majority,' in Clean Water Act's exemption to permitting requirement, and error was but-for cause of dismissal of plaintiff's claim; thus, dismissal was reversed. |
Water Rights |
|
M. Smith | Sep. 9, 2019 |
D073968
|
San Diego Gas & Electric Co. v. San Diego Regional Water
Under Water Code Section 13304, Regional Board was not required to apply substantial factor test to nuisance creation element; thus, substantial evidence supported finding that appellant created pollution or nuisance. |
Water Rights |
|
R. Huffman | Jun. 19, 2019 |
F075810
|
Inzana v. Turlock Irrigation Dist. Bd. of Directors
Substantial evidence supported finding that trees planted too close to pipeline easement unreasonably interfered with Irrigation District's rights to ingress and egress; thus, tree removal order was proper. |
Water Rights |
|
M. Snauffer | May 20, 2019 |
A153078
|
Gomes v. Mendocino City Community Services Dist.
Ordinance requiring property owners to obtain groundwater extraction permit was void because it was not adopted pursuant to notice, hearing and protest procedures under Water Code Sections 10703-10706. |
Water Rights |
|
S. Pollak | May 16, 2019 |
A146605
|
Modification: Millview County Water Dist. v. State Water Resources Control
Under Water Code Section 1126(b), the Board's formal adoption of its order constituted 'final action' and triggered the running of the statute of limitations; thus, plaintiff's petition was time-barred. |
Water Rights |
|
S. Margulies | Mar. 27, 2019 |
C081929
|
Paradise Irrigation Dist. v. Commission on State Mandates
Water and Irrigation Districts possess statutory authority to levy fees to pay for any water service improvements; thus, under Government Code Section 17556(d), subvention is not available to Water and Irrigation Districts. |
Water Rights |
|
A. Hoch | Mar. 22, 2019 |
A146605
|
Millview County Water Dist. v. State Water Resources Control
Under Water Code Section 1126(b), the Board's formal adoption of its order constituted 'final action' and triggered the running of the statute of limitations; thus, plaintiff's petition was time-barred. |
Water Rights |
|
S. Margulies | Feb. 26, 2019 |
C078323
|
Orange Cove Irrigation Dist. v. Los Molinos Mutual Water Co.
Under judicial decree, owner of right to water may use water appropriated to it on a year round basis and not only during the irrigation season; thus, judgment denying declaratory relief reversed. |
Water Rights |
|
H. Hull | Dec. 13, 2018 |
15-16316
|
Amended Opinion: Nevada State Engineer v. U.S. Board of Water Commissioners
Modification to decreed water rights that proposes delivery of water from river basin to lake is appropriate where lake is part of river basin. Modification to decreed water rights that proposes delivery of water from river basin to lake is appropriate where lake is part of river basin. |
Water Rights |
|
J. Bybee | Jun. 29, 2018 |
15-16478
|
U.S. v. Walker River Irrigation District
Court errs in dismissing all claims under doctrine of res judicata in protracted water rights matter where litigating parties had no opportunity to brief or be heard on matter. |
Water Rights |
|
A. Tashima | May 23, 2018 |
15-16316
|
Nevada State Engineer v. U.S. Board of Water Commissioners
Modification to decreed water rights that proposes delivery of water from river basin to lake is appropriate where lake is part of river basin. |
Water Rights |
|
J. Bybee | May 23, 2018 |
C075866
|
Northern California Water Association v. State Water Resources Control Board
A regulatory fee is not an unconstitutional tax if it does not exceed the reasonable cost of providing the services for which the fee is charged |
Water Rights |
|
C. Blease | Mar. 6, 2018 |
A146901
|
San Diego County Water Authority v. Metropolitan Water District of Southern California
'Wheeling' statutes allow water district to include system-wide transportation costs, including maintenance costs of aqueduct it does not own, in setting 'wheeling' rate. |
Water Rights |
|
S. Pollak | Jun. 22, 2017 |
14-16942
|
United States v. Gila Valley Irrigation District
Denial of applications to sever and transfer rights to Gala River water largely upheld; remand nevertheless warranted on issue of statutory forfeiture. |
Water Rights |
|
Jun. 13, 2017 | |
C077906
|
Manteca Unified School District v. Reclamation District No. 17
Assessments levied on school district are not invalid under Water Code Section 51200's exemption, where Proposition 218's constitutional mandate supersedes exemption. |
Water Rights |
|
Apr. 11, 2017 | |
14-17493
|
San Luis & Delta-Medota Water Authority v. Haugrud
Bureau of Reclamation has authority, pursuant to Act of August 12, 1955, to release water from dam above and beyond amount designated in water release schedule. |
Water Rights |
|
Feb. 22, 2017 | |
C072218
|
Central San Joaquin Water Conservation District v. Stockton East Water District
In dispute over fairness of compensation demanded by operator of water conveyance facility, operator unsuccessful in challenging determination that compensation violated reasonableness requirement. |
Water Rights |
|
Jan. 25, 2017 | |
H041133
|
City of Santa Maria v. Adam
Court appropriately quiets title of overlying right to groundwater without quantifying prescriptive loss because of lack of water shortage. |
Water Rights |
|
Jun. 26, 2016 | |
D065153
|
Rancho Pauma Mut. Water Co. v. Yuima Mun. Water Dist.
Where water district substituted for defendant in earlier water rights action, original judgment is not ambiguous and, thus, binds water district under similar water usage limitations. |
Water Rights |
|
Aug. 3, 2015 | |
C073735
|
Siskiyou County Farm Bureau v. Dept. Fish & Wildlife
No ambiguity in Fish and Game Code Section 1602 requiring notification when entity plans to 'divert' water. |
Water Rights |
|
Jun. 28, 2015 | |
C073735
|
Siskiyou County Farm Bureau v. Dept. Fish & Wildlife
No ambiguity in Fish and Game Code Section 1602 requiring notification when entity plans to 'divert' water. |
Water Rights |
|
Jun. 4, 2015 | |
G048969
|
Capistrano Taxpayers v. City of San Juan Capistrano
City must allocate costs of providing water at each pricing tier rather than allocate total costs over all tiers. |
Water Rights |
|
May 20, 2015 | |
A137680
|
Cal. Bldg. Industry Assn. v. State Water Resources Control Board
Fee increase approved by a quorum of the California State Water Resources Control Board is valid under Water Code Section 181; Section 183 inapplicable. |
Water Rights |
|
May 12, 2015 | |
G048969
|
Capistrano Taxpayers v. City of San Juan Capistrano
City must allocate costs of providing water at each pricing tier rather than allocate total costs over all tiers. |
Water Rights |
|
Apr. 21, 2015 | |
A137680
|
Cal. Bldg. Industry Assn. v. State Water Resources Control Board
Fee increase approved by a quorum of the California State Water Resources Control Board is valid under Water Code Section 181; Section 183 inapplicable. |
Water Rights |
|
Apr. 20, 2015 |