Morongo Band of Mission Indians v. State Water Resources Control Board

Opinion

KENNARD, J.

In an administrative proceeding to revoke a water license, does it violate the license holder’s constitutional right to due process of law, as the Court of Appeal held here, for the agency attorney prosecuting the matter before the State Water Resources Control Board to simultaneously serve as an adviser to that board on an unrelated matter? We conclude that the answer is no, and we therefore reverse the Court of Appeal’s judgment.

I

The Morongo Band of Mission Indians (Morongo Band), a federally recognized California Indian tribe, is the current holder of a license to divert…