No. C068559.

219 Cal.App.4th 501 (2013)

DIANNE E. YOUNG et al., Plaintiffs and Respondents, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Appellant; WOODS IRRIGATION COMPANY et al., Real Parties in Interest and Respondents; SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

As modified September 20, 2013.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Assistant Attorney General, Sara Russell , Tracy L. Winsor and Matthew G. Bullock , Deputy Attorneys General, for Defendant and Appellant.

Kronick, Moskovitz, Tiedemann & Girard, Daniel J. O'Hanlon , Rebecca R. Akroyd , Elizabeth L. Leeper ; and Jon D. Rubin for Real Party in Interest and Appellant.

Herum Crabtree, Natalie M. Weber ; Spaletta Law and Jennifer L. Spaletta for Plaintiffs and Respondents.

Law Offices of John Herrick and John Herrick for Real Party in Interest and Respondent Woods Irrigation Company.

Harris, Perisho & Ruiz and S. Dean Ruiz for Real Parties in Interest and Respondents Central Delta Water Agency and South Delta Water Agency.

Neumiller & Beardslee, DeeAnne M. Gillick and Elizabeth J. Morrell for Real Parties in Interest and Respondents San Joaquin County and San Joaquin County Flood Control & Water District.



Raising an important issue of first impression, customers1 of Woods Irrigation Company (Woods), a water distribution corporation, contend the State Water Resources Control Board (Water Board) lacks jurisdiction to issue a cease-and-desist order (CDO) for an illegal diversion of water if the diverter claims riparian or pre-1914 appropriative rights. The Customers argue the Water Board...

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