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MILLVIEW COUNTY WATER DIST. v. STATE WATER RESOURCES CONTROL BD.

No. A139481.

229 Cal.App.4th 879 (2014)

177 Cal. Rptr. 3d 735

MILLVIEW COUNTY WATER DISTRICT et al., Plaintiffs and Respondents, v. STATE WATER RESOURCES CONTROL BOARD, Defendant and Appellant; SONOMA COUNTY WATER AGENCY et al., Interveners and Appellants.

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

September 11, 2014.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Robert W. Byrne , Assistant Attorney General, Gavin G. McCabe and William Jenkins , Deputy Attorneys General, for Defendant and Appellant State Water Resources Control Board.

Bartkiewicz, Kronick & Shanahan, Alan B. Lilly , Andrew J. Ramos ; Bruce Goldstein , County Counsel, and Cory W. O'Donnell , Deputy County Counsel, for Intervener and Appellant Sonoma County Water Agency.

Law Office of Michael R. Woods and Michael R. Woods for Intervener and Appellant Mendocino County Russian River Flood Control and Water Conservation Improvement District.

Neary and O'Brien, Christopher J. Neary and Jennifer O'Brien for Plaintiffs and Respondents Millview County Water District.

Carter, Momsen & Knight, Jared G. Carter , Matisse M. Knight and Alexander C. Rich for Plaintiffs and Respondents Steven L. Gomes and Thomas P. Hill.

OPINION

MARGULIES, Acting P. J.—

In 2001, plaintiff Millview County Water District (Millview) began diverting water from the Russian River under the authority of a pre-1914 appropriative water right assigned to Millview by plaintiffs Thomas Hill and Steven Gomes. On the basis of a citizen complaint, and following an evidentiary hearing, defendant State Water Resources Control Board (Board) issued a cease and desist order (CDO) substantially...

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