COUNTY OF IMPERIAL v. SUPERIOR COURT

No. C048984.

61 Cal.Rptr.3d 145 (2007)

152 Cal.App.4th 1

COUNTY OF IMPERIAL, Petitioner, v. The SUPERIOR COURT of Sacramento County, Respondent; State Water Resources Control Board et al., Real Parties in Interest.

Court of Appeal of California, Third District.

June 14, 2007.


Attorney(s) appearing for the Case

Ralph Cordova, Jr., Imperial County . Counsel, Joanne L. Yeager, El Centro; Rossmann and Moore, Antonio Rossmann, San Francisco, Roger B. Moore and David R. Owen for Petitioner.

Ralph Cordova, Jr., Imperial County Counsel, Joanne L. Yeager, El Centro; Jackson DeMarco & Peckenpaugh, Michael L. Tidus, Alene M. Taber and Kathryn M. Casey, Irvine, for Imperial County Air Pollution Control District as Amicus Curiae on behalf of Petitioner.

Kurt R. Wiese, District Counsel; Shute, Mihaly & Weinberger, Ellen J. Garber, San Francisco, and David Nawi for South Coast Air Quality Management District as Amicus Curiae on behalf of Petitioner.

Law Office of J. William Yeates, J. William Yeates, Sacramento, Mary U. Akens and Keith G. Wagner, Sacramento, for Planning and Conservation League, National Audubon Society and Defenders of Wildlife as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary E. Hackenbracht, Senior Assistant Attorney General, Matthew Goldman, Deputy Attorney General, Peter von Haam, Deputy Attorney General and Clifford T. Lee, Deputy Attorney General, for Real Party in Interest State Water Resources Control Board.

Allen Matkins Leek Gamble & Mallory, David L. Osias, Robert R. Barnes, Jeffrey R. Patterson, Mark J. Hattam, San Diego; Horton, Knox, Carter & Foote and John Penn Carter, El Centro, for Real Party in Interest Imperial Irrigation District.

Hatch & Parent, Lisabeth D. Rothman, Susannah M. Mitchell, Los Angeles; and Daniel S. Hentschke, General Counsel, for Real Party in Interest San Diego County Water Authority.

Jeffrey Kightlinger, Adam C. Kear; and Linus Masouredis, Oakland, for Real Party in Interest The Metropolitan Water District of Southern California.

Redwine and Sherrill, Gerald D. Shoaf, Steven B. Abbott; Best, Best & Krieger, Michelle Ouellette and Megan K. Starr, Riverside, for Real Party in Interest Coachella Valley Water District.


RAYE, J.

As Mark Twain is said to have observed: "Whiskey is for drinking; water is for fighting over." California and water are inextricably linked in a battle royal waged over distribution of this precious resource among competing interests. No other resource is as vital to California's cities, agriculture, industry, and environment as this liquid gold. Predictably, no other resource generates such heated controversy as this commodity sometimes referred to as the...

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