Legal Opinion

N. Cal. Water Ass'n v. State Water Res. Control Bd.

California Court of Appeal, 5th District

Decided March 2, 2018No. C075866PublishedCited by 5 opinions

1Opinion of the CourtBlease, Acting P. J.

*1209This appeal involves challenges to the State Water Resources Control Board's (Board) imposition of a new annual fee on water right permit and license holders in fiscal year 2003-2004 to cover a portion of the costs of the Board's Division of Water Rights (Division or Water Rights Division).

In 2003, the Legislature enacted Water Code 1 section 1525, which requires the holders of permits and licenses to appropriate water to pay an annual fee according to a fee schedule established by the Board. ( § 1525, subd. (a).) At the same time, the Legislature enacted sections 1540 and 1560, which allow…

2Cases cited22 opinions

  1. United States v. Gerlach Live Stock Co.Supreme Court of the United States · 1950
  2. United States v. County of FresnoSupreme Court of the United States · 1977
  3. In re Bay-Delta Programmatic Environmental Impact Report Coordinated ProceedingsCalifornia Supreme Court · 2008
  4. State Water Resources Control Board CasesCalifornia Court of Appeal · 2006
  5. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, Yurok Tribe, Defendant-Intervenor, and Hoopa Valley Tribe, Defendant-Intervenor-Appellant v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors-Appellees. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, and Yurok Tribe Hoopa Valley Tribe, Defendants-Intervenors v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors-Appellees. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, Yurok Tribe Hoopa Valley Tribe, Defendants-Intervenors-Appellees v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors. Westlands Water District San Luis & Delta-Mendota Water Authority v. United States Department of the Interior Gale A. Norton, Secretary U.S. Department of the Interior United States Bureau of Reclamation Eluid Martinez, Commissioner of the U.S. Bureau of Reclamation Lester A. Snow, Regional Director of the U.S. Department of the Interior, Bureau of Reclamation, Mid-Pacific Region United States Department of Fish and Wildlife Jamie Rappaport Clark, Director of the U.S. Fish and Wildlife Service Michael Spear, Operations Manager of the California/nevada Operations Office, U.S. Fish and Wildlife Service, Pacific Region United States Department of Commerce Donald Evans, Secretary, United States Department of Commerce National Marine Fisheries Service Penelope Dalton, Assistant Administrator for Fisheries at Commerce Rebecca Lent, Dr., Regional Administrator of the U.S. Marine Fisheries Service, Yurok Tribe, Defendant-Intervenor-Appellant, and Hoopa Valley Tribe, Defendant-Intervenor v. Sacramento Municipal Utility District Northern California Power Association, Plaintiffs-Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 2004

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3Cited by5 opinions

  1. Citizens for Fair REU Rates v. City of ReddingCalifornia Supreme Court · 2018
  2. American Coatings Association, Inc. v. State Air Resources BoardCalifornia Court of Appeal · 2021
  3. Dept. of Water Resources v. Metropolitan Water Dist. etc.California Court of Appeal · 2026
  4. Dept. of Water Resources v. Metropolitan Water Dist. etc.California Court of Appeal · 2025
  5. Howard Jarvis Taxpayers Assn. v. Coachella Valley Water Dist.California Court of Appeal · 2025

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