COUNTY OF BUTTE v. DEPARTMENT OF WATER RESOURCES

No. C071785.

39 Cal.App.5th 708 (2019)

COUNTY OF BUTTE, Plaintiff and Appellant, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; STATE WATER CONTRACTORS, INC., et al., Real Parties in Interest and Respondents. COUNTY OF PLUMAS et al., Plaintiffs and Appellants, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; STATE WATER CONTRACTORS, INC., et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Third District.

September 5, 2019.


Attorney(s) appearing for the Case

Bruce Alpert , County Counsel; Rossmann and Moore, Antonio Rossmann , Roger B. Moore , Barton Lounsbury ; Law Office of Roger B. Moore, Roger B. Moore ; Shute Mihaly & Weinberger and Ellison Folk for Plaintiff and Appellant County of Butte.

R. Craig Settlemire , County Counsel; Law Office of Roger B. Moore, Roger B. Moore ; Law Offices of Michael B. Jackson and Michael B. Jackson for Plaintiffs and Appellants Plumas County and Plumas County Flood Control and Water Conservation District.

E. Robert Wright for Friends of the River and the California Sportfishing Protection Alliance as Amici Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris and Xavier Becerra , Attorneys General, Robert W. Byrne , Assistant Attorney General, Randy L. Barrow , Tracy L. Winsor , Deborah L. Barnes and Matthew J. Goldman , Deputy Attorneys General for Defendant and Respondent.

The Sohagi Law Group, Margaret M. Sohagi , Philip A. Seymour ; Duane Morris, Thomas M. Berliner , Paul J. Killion , Jolie-Anne S. Ansley ; Downey Brand and David R.E. Aladjem for Real Parties in Interest and Respondents.


OPINION

The Department of Water Resources (DWR) applied to the Federal Energy Regulatory Commission (FERC or Commission) to extend its federal license to operate Oroville Dam and its facilities as a hydroelectric dam.1 The project subject to relicensing is referred to as the Oroville Facilities...

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