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Central Delta Water Agency v. State Water Resources Control Board

124 Cal. App. 4th 245, 20 Cal. Rptr. 3d 898 (2004)

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Central Delta Water Agency v. State Water Resources Control Board

California Court of Appeal
124 Cal. App. 4th 245, 20 Cal. Rptr. 3d 898 (2004)

Facts

State Water Resources Control Board (Board) (defendant) issued a permit for a water project (Project). Delta Wetlands Property and others (DW) were the proponents and real parties of interest for the Project. The Project involved diversion of water into reservoirs that would be constructed for later diversion and potential sale. The identity of the purchasers and the quantity of the water to be diverted and sold was unknown at the time of the Project’s development. The Board approved the permits for the appropriation of water for the Project. The permits did not specify the users or the quantity of water to be sold. The Board’s decision only stated that the project could be economically feasible. The Central Delta Water Agency (plaintiff) challenged the decision of the Board to issue permits for the appropriation of water for the project.

Rule of Law

Issue

Holding and Reasoning (Blease, J.)

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