Light v. State Water Resources Control Board

226 Cal. App. 4th 1463, 173 Cal. Rptr. 3d 200 (2014)

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Light v. State Water Resources Control Board

California Court of Appeal
226 Cal. App. 4th 1463, 173 Cal. Rptr. 3d 200 (2014)

Facts

The State of California distinguished between riparian users, who held water rights via ownership of land through which water passed, and appropriators, who were permitted to divert water for use on noncontiguous lands. To prevent unreasonable diversion of water, the State Water Resources Control Board (board) (defendant) enacted Regulation 862, seeking to regulate the use of water by riparian owners and pre-1914 appropriators of water from California waterways. Rudolph Light (plaintiff), an owner of riparian rights who sought to use the water for frost-protection purposes, brought suit against the board, arguing that Regulation 862 effectively imposed an impermissible permit requirement. The trial court ruled that Regulation 862 was unlawful. The board appealed.

Rule of Law

Issue

Holding and Reasoning (Margulies, J.)

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