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BUENA VISTA WATER STORAGE DIST. v. KERN WATER BANK AUTHORITY

No. B309764.

76 Cal.App.5th 576 (2022)

BUENA VISTA WATER STORAGE DISTRICT, Plaintiff and Respondent, v. KERN WATER BANK AUTHORITY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As modified March 22, 2022.

Attorney(s) appearing for the Case

Downey Brand, Kevin M. O'Brien , Christian L. Marsh , David E. Cameron and Natalie C. Kirkish for Defendant and Appellant.

McMurtrey, Hartstock & Worth, Isaac L. St. Lawrence , James A. Worth and Jeremy S. McNutt for Plaintiff and Respondent.

OPINION

For many years, the Kern River was designated a fully appropriated stream, and only those who held an appropriative right could divert Kern River water. In 2010, the State Water Resources Control Board (State Board) found that in certain wet years, there was Kern River water in excess of that used by rights...

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