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DEPT. OF FISH & GAME v. ANDERSON-COTTONWOOD

Docket No. C012197.

8 Cal.App.4th 1554 (1992)

11 Cal. Rptr.2d 222

DEPARTMENT OF FISH AND GAME, Plaintiff and Appellant, v. ANDERSON-COTTONWOOD IRRIGATION DISTRICT, Defendant and Respondent.

Court of Appeals of California, Third District.

August 24, 1992.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Walter E. Wunderlich, Denis D. Smaage and Mark J. Urban, Deputy Attorneys General, for Plaintiff and Appellant.

Joseph J. Brecher as Amicus Curiae on behalf of Plaintiff and Appellant.

Minasian, Minasian, Minasian, Spruance, Baber, Meith & Soares and William H. Baber III for Defendant and Respondent.

OPINION

SIMS, J.

Plaintiff California Department of Fish and Game (the Department) appeals from the trial court's denial of a preliminary injunction to prevent defendant Anderson-Cottonwood Irrigation District (ACID) from operating a pump diversion facility on the Sacramento River in a manner that results in the killing of an endangered species, the winter-run chinook salmon (Oncorhynchus Tshawytscha). The principal issue on appeal...

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