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CENTRAL DELTA WATER AGENCY v. WATER BOARD

No. C041749.

20 Cal.Rptr.3d 898 (2004)

124 Cal.App.4th 245

CENTRAL DELTA WATER AGENCY et al., Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants and Respondents. Delta Wetlands Properties et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing December 16, 2004.

Review Denied March 16, 2005.

Attorney(s) appearing for the Case

Nomellini, Grilli & McDaniel, Dante John Nomellini, Daniel A. McDaniel, Dante John Nomellini, Jr., Stockton; Thomas M. Zuckerman, for Plaintiffs and Appellants Central Delta Water Agency et al; Michael F. McGrew, Neumiller & Beardslee, Thomas J. Shephard, Sr., Daniel J. Schroeder, Stockton, DeeAnne Watkins, for Plaintiffs and Appellants San Joaquin County et al.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Clifford T. Lee and Mark W. Poole, Deputy Attorneys General, for Defendants and Respondents.

Ellison, Schneider & Harris, Anne J. Schneider, Sacramento, Jason M. Miller, Peter J. Kiel, San Francisco, Barbara A. Brenner, Sacramento; Herum, Crabtree & Brown, Steven A. Herum, Stockton, for Real Parties in Interest and Respondents.

BLEASE, Acting P. J.

This action challenges the decision of the defendant State Water Resources Control Board (Board or Water Board) that issued permits for the appropriation of water for the Delta Wetlands Project (Project) and certified a final environmental impact report (EIR). (St. Wat. Resources Bd. Dec. No. 1643 (2001) [2001 WL 1880741] (hereafter Decision).)1

Proponents of the Project and real parties in interest are Delta...

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