Environmental Law Foundation v. State Water Resources Control Board
California Superior Court
Case No. 34-2010-80000583, 44 ELR 20158 (2014)
- Written by Sheryl McGrath, JD
Facts
California’s Scott River in Siskiyou County was a navigable waterway used by the public for recreational boating and fishing. There was groundwater connected to the river. A person who sought to drill a well in order to pump the groundwater was required to obtain a permit from the county. Since about 1994, groundwater wells decreased the river flow to the extent that in the summer there was no flow. Instead, the river area consisted of disconnected pools of water. The decreased water level affected the fish population. The Environmental Law Foundation and others (collectively, foundation) (plaintiffs) filed a declaratory-judgment action against the county and the State Water Resources Control Board (collectively, county) (defendants). In the declaratory-judgment action, the foundation sought an injunction to prevent the county from issuing groundwater-pumping permits unless the county applied the public-trust doctrine to the permitting process.
Rule of Law
Issue
Holding and Reasoning (Sumner, J.)
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