Millview County Water District v. State Water Resources Control Board

2 Citing cases

  1. City of Carlsbad v. Cal. State Water Res. Control Bd.

    B283861 (Cal. Ct. App. Dec. 20, 2018)

    Riparian users and pre-1914 appropriators need neither a permit nor other governmental authorization to exercise their water rights. [Citation.]" (Millview County Water Dist. v. State Water Resources Control Bd. (2014) 229 Cal.App.4th 879, 888-889, fns. omitted (Millview).) Carlsbad contends it is entitled to declaratory relief with respect to its claim of pre-1914 water rights because California courts have concurrent jurisdiction over water rights cases (National Audubon Society v. Superior Court (1983) 33 Cal.3d 419, 451), and therefore Carlsbad was not required to first present its claim of pre-1914 water rights to the Board for determination. Carlsbad also contends that even if the doctrine of exhaustion of administrative remedies would require it to first present its claim of pre-1914 water rights to the Board, exhaustion is not required where it would be futile; Carlsbad asserts that here, presenting its claim of pre-1914 water rights to the Board would be futile because the Board's adverse position with respect to Carlsbad's pre-1914 water rights is clear.

  2. Orange Cnty. Water Dist. v. Sabic Innovative Plastics United States, LLC

    14 Cal.App.5th 343 (Cal. Ct. App. 2017)   Cited 100 times
    Indicating that an appellant must affirmatively show the trial court erred even if the de novo standard of review applies

    And the principle that the unauthorized diversion or use of water may be a trespass is codified by statute and has been applied in a number of authorities. ( Wat. Code, § 1052, subd. (a) ; see, e.g., People v. Shirokow, supra , 26 Cal.3d at p. 304, 162 Cal.Rptr. 30, 605 P.2d 859 ; Millview County Water Dist. v. State Water Resources Control Bd. (2014) 229 Cal.App.4th 879, 895–896, 177 Cal.Rptr.3d 735.) But neither Fall River nor that statute support a cause of action for trespass under the circumstances here.