Calif. Appeals Court Reverses Ruling In Water Diversion Row

Law360, Los Angeles (September 4, 2013, 8:46 PM EDT) -- A California appeals court Wednesday reversed a lower court’s ruling limiting the actions the California State Water Resources Board can take without first filing a lawsuit, finding that the board has the authority to make a determination and that other parties may seek judicial review.

The customers of water distribution corporation Woods Irrigation Co. had contended that the board lacked jurisdiction to issue a cease-and-desist order for an illegal diversion of water until the board filed a civil lawsuit to adjudicate the diverter’s water rights. The...
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