EL DORADO IRR. DIST. v. WATER RES. CONTROL

No. C046211.

48 Cal.Rptr.3d 468 (2006)

142 Cal.App.4th 937

EL DORADO IRRIGATION DISTRICT, Plaintiff and Appellant, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Appellant, State Water Contractors, Inc., et al., Real Parties in Interest and Appellants, Department of Water Resources, Real Party in Interest and Respondent. El Dorado County Water Agency, Plaintiff and Appellant, v. State Water Resources Control Board, Defendant and Appellant, State Water Contractors, Inc., et al., Real Parties in Interest and Appellants, Department of Water Resources, Real Party in Interest and Respondent.

Court of Appeal of California, Third District.

September 8, 2006.


Attorney(s) appearing for the Case

Somach, Simmons & Dunn, Sandra K. Dunn, Nicholas A. Jacobs, Sacramento; and Frederic L. Schaefer, San Francisco, for Plaintiff and Appellant El Dorado County Water Agency.

Somach, Simmons & Dunn, Sandra K. Dunn, Nicholas A. Jacobs, Sacramento; and Thomas D. Cumpston, Placerville, for Plaintiff and Appellant El Dorado Irrigation District.

Christopher D. Williams, San Andreas, for Mountain Counties Water Resources Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Mason, Robbins, Gnass & Browning and Arthur F. Godwin, Merced, for Regional Council of Rural Counties as Amicus Curiae on behalf of Plaintiffs and Appellants.

Danial F. Gallery, Sacramento, and Jason P. Cashman, for Tuolumne Utilities District as Amicus Curiae on behalf of Plaintiffs and Appellants.

Herum Crabtree Brown and Jeanne Zolezzi, Stockton, for Stockton East Water District as Amicus Curiae on behalf of Plaintiffs and Appellants.

Downey Brand, Kevin M. O'Brien, Sacramento, and Robia S. Chang, Walnut Creek, for Northern California Water Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

Thomas J. Graff for Environmental Defense as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bartkiewicz, Kronick & Shanahan, Ryan S. Bezerra and Paul M. Bartkiewicz, Sacramento, for Regional Water Authority as Amicus Curiae on behalf of Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Marc N. Melnick and Tiffany Yee, Deputy Attorneys General, for Defendant and Appellant State Water Resources Control Board.

Nancy Saracino, David B. Anderson, and David Sandino, Sacramento, for Department of Water Resources as Amicus Curiae on behalf of Defendant and Appellant, and Real Party in Interest and Respondent Department of Water Resources.

Best Best & Kreiger, Gregory K. Wilkinson and Eric L. Garner, Riverside, for Real Party in Interest and Appellant State Water Contractors.

Kronick, Moskovitz, Tiedemann & Girard, Daniel J. O'Hanlon and Andrew P. Tauriainen, Sacramento, for Real Party in Interest and Appellant Westlands Water District.


ROBIE, J.

In this water rights case, El Dorado Irrigation District and El Dorado County Water Agency (jointly El Dorado) sought and received from the State Water Resources Control Board (the Board) the assignment of an application to appropriate water from the South Fork American River that was filed by the state more than 75 years ago, in 1927. The benefit of the assignment of this state-filed application was that El Dorado's right to divert water would be deemed...

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