El Dorado Irrigation District v. State Water Resources Control Board
California Court of Appeal
142 Cal. App. 4th 937 (2006)
- Written by Rose VanHofwegen, JD
Facts
In 1927, California applied to appropriate water from a river near Sacramento in the northern part of the state. Over 75 years later, the State Water Resources Control Board (the board) (defendant) assigned the application to the El Dorado Irrigation District and El Dorado Water Agency (jointly El Dorado) (plaintiff), giving El Dorado a right senior to rights obtained after 1927. The permit included a standard term curtailing diversions when federal or state agencies released water from two pumping projects to satisfy water-quality standards in the Sacramento–San Joaquin Delta. Because California’s water resources lie mainly north of Sacramento while most demand originates in the south, state and federal agencies constructed two projects to pump massive amounts of water from the delta to southern regions. An “area of origin” statute protected the watershed that supplied the water by protecting rights to instream flows there. After the board set new water-quality standards in the 1970s, the pumping projects needed to release stored water or curtail diversions as necessary to maintain minimum instream flows in the delta. Agencies opposed most applications for water rights in the delta watershed because new diversions would require releasing more stored water to meet the water-quality objectives, instead of new appropriators sharing those responsibilities. As an interim solution, the board adopted standard permit language curtailing diversions when the projects released water. El Dorado brought an administrative action arguing that including the standard language in its permit, but not those of junior appropriators, violated California’s priority rule. The trial court directed the board to take out the standard term. The board, a water district, and public agencies with rights to water from the pumping projects appealed.
Rule of Law
Issue
Holding and Reasoning (Robie, J.)
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