FULLERTON v. STATE WATER RESOURCES CONTROL BD.

Docket No. 44501.

90 Cal.App.3d 590 (1979)

153 Cal. Rptr. 518

E.C. FULLERTON, as Director, etc., et al., Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

March 19, 1979.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and George Deukmejian, Attorneys General, R.H. Connett, Assistant Attorney General, and Denis D. Smaage, Deputy Attorney General, for Plaintiffs and Appellants.

P.A. Towner, Russell Kletzing and Marcia J. Steinberg as Amici Curiae on behalf of Plaintiffs and Appellants.

William R. Attwater, Gavin M. Craig, James T. Markle and Craig M. Wilson for Defendants and Respondents.

Kronick, Moskovitz, Tiedemann & Girard, Adolph Moskovitz, Clifford W. Schulz, Ronald A. Zumbrun, Raymond M. Momboisse, Elleene A. Kirkland, Thomas F. Olson and Jeanne M. Bauby as Amici Curiae on behalf of Defendants and Respondents.


OPINION

TAYLOR, P.J.

This is an appeal by the State Department of Fish and Game1 (Department) from a judgment denying its petition for a writ of mandate to compel the State Water Resources Control Board (Board)2 to issue a permit for the "in-stream" appropriation of water to provide minimum flow guarantees during low months to protect the state's beneficial interest in the...

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