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PHELPS v. STATE WATER RESOURCES CONTROL BD.

No. C052770.

68 Cal.Rptr.3d 350 (2007)

157 Cal.App.4th 89

Lloyd L. PHELPS, Jr. et al., Plaintiffs and Appellants, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants and Respondents; Department of Water Resources et al., Real Parties in Interest and Respondents.

Court of Appeal of California, Third District.

October 29, 2007.

Attorney(s) appearing for the Case

Nomellini, Grilli & McDaniel, Dante John Nomellini, Daniel A. McDaniel, Dante John Nomellini, Jr., Stockton, John Herrick, Stockton, for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Atty. Gen., Mary E. Hackenbracht, Senior Asst. Atty. Gen., Clifford T. Lee, Deputy Atty. Gen., Erin K.L. Mahaney, for Defendants and Respondents.

Edmund G. Brown, Jr., Atty. Gen., Mary E. Hackenbracht, Senior Asst. Atty. Gen., Bruce Reeves, Supervising Deputy Atty. Gen. (Acting), for Real Party in Interest and Respondent Department of Water Resources.

O'Laughlin & Paris, Tim O'Laughlin, William C. Paris, III, Chico, Kenneth P. Petruzzelli, for Real Party in Interest and Respondent San Joaquin River Group Authority.

CANTIL-SAKAUYE, J.

Plaintiffs Lloyd L. Phelps, Jr., Gary Phelps, Joey P. Ratto, Jr., and Ronald D. Conn farm land on Upper Roberts Island in the Sacramento-San Joaquin Delta (Delta) under licenses issued by defendant State Water Resources Control Board (SWRCB). The SWRCB imposed civil penalties against plaintiffs pursuant to Water Code section 1052 for unauthorized diversion of water in 2000 and 2001.1 (State Water Resources Control Bd...

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