California Court of Appeal
Millview County Water Dist. v. State Water Resources Control Bd., A139481
Trial court's issuance of a writ directing defendant State Water Resources Control Board to set aside its decision to issue a cease and desist order (CDO) substantially restriction plaintiff-County's diversion of water from a river is affirmed on narrower grounds, where: 1) the Board has jurisdiction under Water Code section 1831 to issue a CDO precluding excessive diversion under a pre-1914 right to appropriate and the Board properly determined the original perfected scope of the claim; and 2) applying the proper legal standard, the evidence before the Board was insufficient to support a finding of forfeiture of plaintiff's claimed water right.
Appellate Information
- Decided 09/11/2014
- Published 09/11/2014
Judges
- Margulies
Court
- California Court of Appeal