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WATERSHED ENFORCERS v. DEPARTMENT OF WATER RESOURCES

Nos. A117715, A117750.

185 Cal.App.4th 969 (2010)

WATERSHED ENFORCERS, Plaintiff and Respondent, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; KERN COUNTY WATER AGENCY, Intervener and Appellant. WATERSHED ENFORCERS, Plaintiff and Respondent, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; SAN LUIS & DELTA-MENDOTA WATER AUTHORITY et al., Interveners and Appellants.

Court of Appeals of California, First District, Division One.

June 17, 2010.

Attorney(s) appearing for the Case

Kronick, Moskovitz, Tiedemann & Girard, Daniel J. O'Hanlon, Hanspeter Walter and Rebecca R. Akroyd for Intervener and Appellant Kern County Water Agency.

Diepenbrock Harrison, Andrea A. Matarazzo, Jon D. Rubin and Bradley B. Johnson for Interveners and Appellants San Luis & Delta-Mendota Water Authority et al.

Lozeau Drury, Michael R. Lozeau; Law Offices of Andrew L. Packard and Andrew L. Packard for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Assistant Attorney General, John Davidson and Cecilia L. Dennis, Deputy Attorneys General, for California Department of Fish and Game as Amicus Curiae.

OPINION

MARCHIANO, P. J.—

California's Department of Water Resources (DWR), a state agency, operates a pumping system that results in the taking of three endangered or threatened species of fish. Watershed Enforcers (Watershed), a project of the California Sportfishing Protection Alliance, a nonprofit corporation, filed a petition for writ of mandate to compel DWR to stop taking the fish species...

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