Blog: Court Affirms SWRCB's Power to Determine Validity of Pre-1914 and Riparian Water Rights as Part of Enforcement Proceeding
From: Daniel Kelly, Somach Simmons & Dunn
On September 4, 2013, California's Third Appellate District issued an opinion holding, among other things, that the State Water Resources Control Board (SWRCB) has the statutory authority, in the context of an enforcement proceeding, to determine the validity of riparian and pre-1914 appropriative water rights. Young, et al. v. SWRCB, No. C068559, 2013 Cal. App. LEXIS 707 (Cal. 3d App. Dist. Sept. 4, 2013).
The dispute arose from an enforcement action brought by the SWRCB against the Woods Irrigation Company (Woods) alleging the unlawful diversion of water from Middle River in the Sacramento-San Joaquin River Delta (Delta). Woods claimed pre-1914 appropriative water rights and various landowners claimed riparian rights that were exercised through Woods' diversion facilities. Woods and the landowners objected to the enforcement proceeding alleging, among other things, that the SWRCB lacked jurisdiction to determine the validity and extent of their claimed pre-1914 appropriative and riparian water rights.
San Joaquin River
From: Staff, Stockton Record
Water-quality regulators on Thursday announced fines against the operators of 14 wastewater treatment plants throughout the Central Valley, including the cities of Stockton, Manteca and Tracy.
Stockton was fined $36,000 for violating limits of chlorine, cyanide and ammonia in the treated wastewater it releases into the San Joaquin River. The violations took place over a span of more than two years.
From: Joyce Lobeck, Yuma Sun
There's a better than 50 percent chance of an official water shortage being declared in 2016 for the Lower Colorado River Basin as a result of the drought that has gripped the river's watershed for the last 14 years.
Bay Delta Conservation Plan
From: Alex Breitler, eSanJoaquin
An engineer in San Joaquin County Public Works whipped up these Google illustrations to help people visualize just how much tunnel "muck" and other material would be unearthed during Gov. Jerry Brown's twin tunnels project.
From: Press Release, Public Policy Institute of California
The Public Policy Institute of California (PPIC) welcomed three distinguished Californians into key leadership roles today. Phil Isenberg, chair of the Delta Stewardship Council and a former Assembly member, joined the board of directors. Donna Lucas, CEO and president of Lucas Public Affairs, was elected board chair. Patrick Murphy, professor of politics at the University of San Francisco, joined PPIC as director of research and senior fellow.