Environmental Law & Policy Alert – Update from Somach Simmons & Dunn

September 12, 2022

Court of Appeal Determines That the State Water Resources Control Board Exceeded Its Authority in 2015 When It Ordered Curtailment Among Valid Pre-1914 Water Right Holders Based on Insufficient Water to Serve Their Priorities

Today, the Court of Appeal for the Sixth Appellate District agreed with Santa Clara County Superior Court Judge Walsh (Ret.) that the State Water Resources Control Board’s curtailment of certain water right holders’ diversions during the 2015 drought was done outside of its enforcement authority under Water Code section 1052…. Read More

Written by Alyson E. Ackerman