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SISKIYOU COUNTY FARM BUREAU v. DEPARTMENT OF FISH & WILDLIFE

No. C073735.

237 Cal.App.4th 411 (2015)

188 Cal. Rptr. 3d 141

SISKIYOU COUNTY FARM BUREAU, Plaintiff and Respondent, v. DEPARTMENT OF FISH AND WILDLIFE, Defendant and Appellant.

Court of Appeals of California, Third District.

June 4, 2015.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Robert W. Byrne , Assistant Attorney General, Randy L. Barrow , Gary Alexander , Ali A. Karaouni and Deborah L. Barnes , Deputy Attorneys General, for Defendant and Appellant.

David R. Owen for Law Professors as Amicus Curiae on behalf of Defendant and Appellant.

Shute, Mihaly & Weinberger, Ellison Folk , Amy J. Bricker ; Trout Unlimited and Brian J. Johnson for California Trout as Amicus Curiae on behalf of Defendant and Appellant.

Earthjustice, Trent W. Orr and Wendy S. Park for Karuk Tribe, Pacific Coast Federation of Fishermen's Associations, Institute for Fisheries Resources and Klamath Riverkeeper as Amici Curiae on behalf of Defendant and Appellant.

Michael A.M. Lauffer , Andrew H. Sawyer , Carlos A. Mejia and Nicole L. Kuenzi for State Water Resources Control Board as Amicus Curiae on behalf of Defendant and Appellant.

Briscoe Ivester & Bazel, David Ivester ; Law Office of Darrin W. Mercier and Darrin W. Mercier for Plaintiff and Respondent.

Somach, Simmons & Dunn and Daniel Kelly for Northern California Water Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Pacific Legal Foundation, M. Reed Hopper and Anthony L. François for Pacific Legal Foundation and California Cattlemen's Association as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

The Department of Fish and Wildlife (Department) appeals from a judgment in favor of the Siskiyou County Farm Bureau (Farm Bureau), interpreting a statute requiring notification when an entity plans to "substantially divert" water from a river or stream...

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