Facts

Since 1991, United Water Conservation District has operated the Vern Freeman Diversion dam on the Santa Clara River in Ventura County. Wishtoyo Foundation, Wishtoyo Foundation's Ventura Coastkeeper Program, and Center for Biological Diversity sued the United Water Conservation District for violations of the Endangered Species Act.

PLAINTIFFS' CONTENTIONS: Plaintiffs' contended that defendant violated the Endangered Species Act Section 9 prohibition against unauthorized taking of Steelhead, Vireo, Cuckoo, and Flycatcher

DEFENDANT'S CONTENTIONS: Defendant denied the allegations.

Damages

Plaintiffs requested declaratory relief and injunction to enjoin United Water Conservation District from taking Steelhead, Vireo, Cuckoo, and Flycatcher. Plaintiffs also requested a temporary restraining order and/or preliminary and permanent injunction, an award of attorney fees and costs to plaintiffs.

Result

The court held that United Water Conservation District is permanently enjoined to undertake water diversion, monitoring and adaptive management, long-term fish passage infrastructure, interim fish passage infrastructure, trapping, and compliance with the injunction.

Other Information

The court reached its decision after an 11-day bench trial, plus an in person all day tour of the Vern Freeman Diversion Dam and Santa Clara River.

Length

11 days