Fullerton v. State Water Resources Control Board

Opinion

TAYLOR, P. J .

This is an appeal by the State Department of Fish and Game 1 (Department) from a judgment denying its petition for a writ of mandate to compel the State Water Resources Control Board (Board) 2 to issue a permit for the “in-stream” appropriation of water to provide minimum flow guarantees during low months to protect the state’s beneficial interest in the fish resources of the Mattole River. The questions are whether: 1) physical control over the water is required for an “appropriation” of water; and 2) if not, whether the applicable constitutional and statutory provisions…