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MORONGO BAND v. STATE WATER RESOURCES CONTROL BD.

No. C052177.

62 Cal.Rptr.3d 492 (2007)

153 Cal.App.4th 202

MORONGO BAND OF MISSION INDIANS, Plaintiff and Respondent, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Appellant.

Court of Appeal of California, Third District.

July 12, 2007.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Tom Greene and Mary E. Hackenbracht, Assistant Attorneys General, and Matthew J. Goldman, Deputy Attorney General, for Defendant and Appellant.

Manuela Albuquerque, City Attorney (Berkeley), for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendant and Appellant.

Somach, Simmons & Dunn, Stuart L. Somach, Kristen T. Castañlos, Sacramento, and Kanwarjit S. Dua for Plaintiff and Respondent.

Diepenbrock Harrison, Michael V. Brady, Sacramento, Jon D. Rubin and Sean K. Hungerford for San Luis & Delta-Mendota Water Authority and Westlands Water District as Amici Curiae on behalf of Plaintiff and Respondent.

BUTZ, J.

Is a water right holder facing license revocation by the State Water Resources Control Board (Water Board) deprived of due process of law when the revocation is being prosecuted by the same attorney who simultaneously acted as legal advisor to the Water Board in an unrelated administrative proceeding? The trial court answered this question in the affirmative. Relying on Quintero v. City of Santa Ana (2003) 114 Cal.App.4th 810...

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