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CALIFORNIA TROUT v. STATE WATER RESOURCES CONTROL

Docket No. 17532.

90 Cal.App.3d 816 (1979)

153 Cal. Rptr. 672

CALIFORNIA TROUT, INC., Plaintiff and Appellant, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants and Appellants.

Court of Appeals of California, Third District.

March 21, 1979.

Attorney(s) appearing for the Case

COUNSEL

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

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 Appellants.

McCutchen, Doyle, Brown & Enersen, John R. Reese and Barry P. Goode for Plaintiff and Appellant.

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

OPINION

REGAN, J.

Defendants (board) appeal from the trial court's judgment, entered upon stipulated facts, ordering the board to consider, on its merits, plaintiff's application to appropriate water from Redwood Creek in Marin County. The board had acted adversely on plaintiff's application to appropriate water (from Jan. 1 to Dec. 31 of each year) flowing in Redwood Creek without taking possession of the water or diverting it, but...

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