[env-trinity] Appeals Court Decides Crucial Case On State Fish And Wildlife CDFW’S Extension Of Streambed Alteration Limits To Existing Water Diversions:

[Tom Stokely]

News Worth Noting: Appeals Court Decides Case On CDFW’S Extension Of Streambed Alteration Limits To Existing Water Diversions; Draft plans for Central Valley Wildlife Mgt Areas; San Joaquin River Restoration Program Reach 2B enviro docs, and more ...

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| News Worth Noting: Appeals Court Decides Case On CD...Appeals Court Decides Crucial Case On State Fish And Wildlife CDFW’S Extension Of Streambed Alteration Limits To Existing Water Diversions: "On June 4th, 2015... |
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Appeals Court Decides Crucial Case On State Fish And Wildlife CDFW’S Extension Of Streambed Alteration Limits To Existing Water Diversions: “On June 4th, 2015, the Third District Court of Appeal reversed the Siskiyou County Superior Court’s injunction against the California Department of Fish and Wildlife (“CDFW”), holding for the first time that the State’s streambed alteration program extends to existing water right diversions even if they do not physically alter streambeds. The Superior Court last year had stopped CDFW from bringing enforcement actions against longtime agricultural water users for continuing to divert surface waters from within the County without first obtaining a streambed alteration agreement pursuant to Section 1602 of the Fish and Game Code. Siskiyou County Farm Bureau v. California CDFW of Fish and Game, Case No. SCSCCV11-00418. In a setback for water rights holders, the Court concluded that Section 1602—ostensibly enacted to counteract mining-related streambed alterations—unambiguously embraces ordinary and long-time water diversions held under existing rights. … ” Read more by clicking here.

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