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ROCK CREEK LTD. v. STATE WATER RES. CONTROL BD.

No. 91-15538.

972 F.2d 274 (1992)

ROCK CREEK LIMITED PARTNERSHIP, a California limited partnership, Plaintiff-Appellant, v. STATE WATER RESOURCES CONTROL BOARD, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1992.

Attorney(s) appearing for the Case

Louis L. Touton, Jones, Day, Reavis & Pogue, Los Angeles, Cal., for plaintiff-appellant.

Clifford Lee, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees.

Before: FLETCHER, POOLE, and NELSON, Circuit Judges.

T.G. NELSON, Circuit Judge:

The California Water Resources Control Board (Board) imposed minimum flow conditions on a hydroelectric project inconsistent with those contained in the project license issued by the Federal Energy Regulatory Commission (FERC). The position of the Board was rejected by this court in affirming a FERC declaratory order in State of California, ex rel. State Water Resources Board v. FERC, 877 F.2d 743

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