California Court of Appeal

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North Gualala Water Co. v. State Water Res. Control Bd., A109438

Denial of petitions challenging defendant board's jurisdiction to compel plaintiff to obtain a permit to pump groundwater from two wells located near the North Fork Gualala River, as well as defendant's interpretation of pumping limitations placed on the permit, is affirmed over claims that defendant: 1) misconstrued the statutory phrase, "subterranean streams flowing through known and definite channels," in Water Code section 1200; and 2) placed unwarranted conditions on plaintiff's permit.

Appellate Information

  • Decided 05/31/2006
  • Published 05/31/2006

Judges

  • MARGULIES, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bartkiewicz, Kronick & Shanahan, Alan B. Lilly, Ryan S. Bezerra, Sacramento, for Plaintiff and Appellant., Somach, Simmons & Dunn, Andrew M. Hitchings, Nicholas A. Jacobs, Sacramento, for Northern California Water Association as Amicus Curiae on behalf of Plaintiff and Appellant., Nossaman, Guthner, Knox & Elliott, Frederic A. Fudacz, Nicole A. Tutt, Alfred E. Smith, Los Angeles, for California Water Association as Amicus Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Mark W. Poole, Deputy Attorney General for Defendant and Respondent.
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