Young

Raising an important issue of first impression, customers of Woods Irrigation Company (Woods), a water distribution corporation, contend the State Water Resources Control Board (Water Board) lacks jurisdiction to issue a cease-and-desist order (CDO) for an illegal diversion of water if the diverter claims riparian or pre-1914 appropriative rights. The Customers argue the Water Board must first file a civil lawsuit to adjudicate the diverter’s water rights before it can execute its statutory mandate to “take vigorous action ... to prevent the unlawful diversion of water.” (Wat. Code, § 1825.) The trial court granted the Customers’ petition for a writ of mandamus limiting the Water Board’s jurisdiction and awarding attorney fees under the private attorney general doctrine. (Code Civ. Proc., § 1021.5.)

The Water Board granted the Customers’ request for reconsideration, thereby reopening the hearing on Woods’s diversions to allow the Customers the opportunity to submit evidence and cross-examine witnesses. We conclude the reconsideration order moots the due process issue, but the jurisdictional question remains of paramount public interest. We further conclude that pursuant…