Legal Opinion
Siskiyou County Farm Bureau v. Department of Fish & Wildlife
California Court of Appeal
Decided June 4, 2015No. C073735PublishedCited by 38 opinions
1Opinion of the Court
Opinion
DUARTE, J. —
The Department of Fish and Wildlife (Department) appeals from a judgment in favor of the Siskiyou County Farm Bureau (Farm Bureau), interpreting a statute requiring notification when an entity plans to “substantially divert” water from a river or stream.
We shall reverse because the trial court incorrectly found the statute, Fish and Game Code section 1602, 1 to be ambiguous, and then resolved the perceived ambiguity in a manner inconsistent with the plain language of the statute.
Regardless of an entity’s legal right to take water, such as for agricultural purposes, and…
2Cases cited91 opinions
- Clark v. MartinezSupreme Court of the United States · 2005
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- Lungren v. DeukmejianCalifornia Supreme Court · 1988
- Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
- People v. AndersonCalifornia Supreme Court · 1987
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3Cited by38 opinions
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- MCI Commc'ns Servs., Inc. v. Cal. Dep't of Tax & Fee Admin., California Court of Appeal, 5th District2018
- People v. Superior Court, California Court of Appeal, 5th District2019
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