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IN RE WATER OF HALLETT CREEK STREAM SYSTEM

Docket No. S.F. 25133.

44 Cal.3d 448 (1988)

749 P.2d 324

243 Cal. Rptr. 887

In re Determination of Rights to WATER OF HALLETT CREEK STREAM SYSTEM. STATE WATER RESOURCES CONTROL BOARD et al., Petitioners and Appellants, v. UNITED STATES OF AMERICA, Claimant and Respondent; SIERRA CLUB, INC., Intervener and Respondent.

Supreme Court of California.

February 18, 1988.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, R.H. Connett, Assistant Attorney General, Roderick E. Walston and Clifford T. Lee, Deputy Attorneys General, for Petitioners and Appellants.

Kronick, Moskovitz, Tiedemann & Girard, Janet K. Goldsmith, Edward J. Tiedemann, A.B. Ewell, Jr., and Gary W. Sawyers as Amici Curiae on behalf of Petitioners and Appellants.

F. Henry Habicht II, Assistant Attorney General, Roger J. Marzulla, Deputy Assistant Attorney General, Donald B. Ayer, United States Attorney, Sandra K. Dunn, Robert L. Klarquist, Albert M. Ferlo, Jr., Edward J. Shawaker and Russell J. Mays for Claimant and Respondent.

Laurens H. Silver and Betsy Dodd for Intervener and Respondent.

Gibson, Dunn & Crutcher, A. Randall Farnsworth, Charles J. Meyers and Michael E. Miner as Amici Curiae on behalf of Claimant and Respondent and Intervener and Respondent.

OPINION

KAUFMAN, J.

In this case we must decide whether the United States has California riparian water rights on federal land reserved for national forest purposes, and, if so, whether such rights are inherently "defeasible," or subordinate to all other approved water uses. As to the first issue, we conclude that the federal government does have such riparian rights; as to the second, that...

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