California Court of Appeal

The trial court's judgment granting plaintiffs' petition for a writ of mandamus limiting the defendant Water Board's jurisdiction to issue a cease-and-desist order for an illegal diversion of water if the diverter claims riparian or pre-1914 appropriative rights, and awarding attorney fees under the private attorney general doctrine, is reversed and remanded, where: 1) the Water Board can make a preliminary determination for purposes of enforcement whether a diverter has either the riparian or pre-1914 appropriative rights it claims without filing a lawsuit; and 2) the diverter or interested parties can thereafter seek judicial review if warranted.

Appellate Information

• Decided 09/04/2013
• Published 09/04/2013

Judges

• RAYE

Court

• California Court of Appeal

Counsel