ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DIST. v. DEPARTMENT OF WATER RESOURCES

No. C065522.

213 Cal.App.4th 1163 (2013)

152 Cal. Rptr. 3d 845

ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT et al., Plaintiffs and Appellants, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent. ANTELOPE VALLEY-EAST KERN WATER AGENCY et al., Defendants, Interveners and Appellants.

Court of Appeals of California, Third District.

February 15, 2013.


Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman, John S. Poulos , Amy L. Pierce , Darcy L. Muilenburg ; Lewis Brisbois Bisgaard & Smith, Greg L. Johnson ; Kronick Moskovitz Tiedemann & Girard and Edward J. Tiedemann for Plaintiffs and Appellants Alameda County Flood Control & Water Conservation District Zone 7, Alameda County Water District, City of Yuba City, County of Butte, County of Kings, Empire West Side Irrigation District, Kern County Water Agency, Napa County Flood Control & Water Conservation District, Oak Flat Water District, Plumas County Flood Control & Water Conservation District, Santa Clara Valley Water District, Solano County Water Agency and Tulare Lake Basin Water Storage District.

Amelia T. Minaberrigarai for Plaintiff and Appellant Kern County Water Agency.

Bingham McCutchen , James J. Dragna , Colin C. West and Thomas S. Hixson for Defendants, Interveners and Appellants Antelope Valley-East Kern Water Agency, Castaic Lake Water Agency, Central Coast Water Authority, Coachella Valley Water District, Crestline-Lake Arrowhead Water Agency, Desert Water Agency, Littlerock Creek Irrigation District, Metropolitan Water District of Southern California, Mojave Water Agency, Palmdale Water District, San Bernardino Valley Municipal Water District, San Gabriel Valley Municipal Water District, San Gorgonio Pass Water Agency and United Water Conservation District.

Best Best & Krieger and Robert M. Sawyer for Defendant, Intervener and Appellant Ventura County Watershed Protection District.

Marcia L. Scully , John Schlotterbeck , Heather C. Beatty and Karen L. Tachiki for Defendant, Intervener and Appellant The Metropolitan Water District of Southern California.

Kamala D. Harris , Attorney General, Denise Ferkich Hoffman , Matthew J. Goldman and Vera Sandronsky , Deputy Attorneys General, for Defendant and Respondent.


OPINION

DUARTE, J.

"As Mark Twain is said to have observed: `Whiskey is for drinking; water is for fighting over.'" (County of Imperial v. Superior Court (2007) 152 Cal.App.4th 13, 18 [61 Cal.Rptr.3d 145] (Imperial).) As lamented nearly 50 years ago, California's water is still...

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