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Imperial Irrigation District v. State Water Resources Control Board
California Court of Appeal
225 Cal. App. 3d 548, 275 Cal. Rptr. 250 (1990)
In 1980, a private citizen requested the Department of Water Resources to investigate an alleged misuse of water by Imperial Irrigation District (IID) (plaintiff), which had resulted in a rise of the level of the Salton Sea and flooding of the citizen’s farmland. After an investigation, the State Water Resources Control Board (the board) (defendant) issued a decision regarding IID’s water misuse and an order requiring IID to take certain actions. The board found that substantial losses of water resulting from canal spills, excess water runoff, and other wasteful practices, such as canal seepage, were attributable to IID. The board determined the waste of water was unreasonable and a misuse of water. The board’s decision contained an injunction that IID develop and present a water-conservation plan and the requirement that IID submit a plan to construct a reservoir and commit to constructing one reservoir per year. IID was also required to submit progress reports every six months until the objectives had been achieved. IID petitioned for a writ of mandate to overturn the board’s decision. The trial court denied the writ, and IID appealed.
Rule of Law
Holding and Reasoning (Froehlich, J.)
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