Lake Madrone Water District v. State Water Resources Control Board

In this case, we hold that the State Water Resources Control Board (State Board) lawfully ordered operators of a dam to refrain from flushing accumulated sediment into a creek, and to submit a plan for cleanup of the sediment, because the operators caused the discharge of “waste” under the Porter-Cologne Water Quality Control Act (Wat. Code, § 13000 et seq.; all undesignated statutory references are to the Water Code.)

Factual and Procedural Background

Lake Madrone is a private recreational lake used by the owners of houses and cabins on its shores. It was created in 1930 by the building of a dam to impound the waters of Berry Creek and a tributary creek. Plaintiff Lake Madrone Water District (District), formed in 1975 by the owners of about 130 homes adjacent to the lake, operates the dam.

Sediment regularly flows into Lake Madrone from upstream sources. In 1975, investigations by the State Board and the Regional Water Quality Control Board (Regional Board) found many sources of sediment, including road construction and maintenance, logging, and land development, but determined there was insufficient evidence to undertake enforcement actions against any entity.…