Phelps
Phelps v. State Water Resources Control Board
Opinion
Opinion
Cantil-Sakauye, J.
Plaintiffs Lloyd L. Phelps, Jr., Gary Phelps, Joey P. Ratio, Jr., and Ronald D. Conn farm land on Upper Roberts Island in the Sacramento-San Joaquin Delta (Delta) under licenses issued by defendant State Water Resources Control Board (SWRCB). The SWRCB imposed civil penalties against plaintiffs pursuant to Water Code section 1052 for unauthorized diversion of water in 2000 and 2001. (SWRCB Order No. WRO 2004-0004, adopted Feb. 19, 2004 (Order WRO 2004-0004).) Plaintiffs filed a petition for writ of mandate and complaint for declaratory relief which challenged Order WRO 2004-0004 on numerous grounds. The court denied all requested relief and plaintiffs appeal. We conclude most of plaintiffs’ claims are time-barred under section 1126, and the court’s other findings are supported by substantial evidence. We therefore affirm the judgment.
BACKGROUND
A. The Delta Watershed
The SWRCB describes the Delta watershed as “the largest watershed in California. . . . [T]he Sacramento River and the San Joaquin Rivers [¿ic] flow into the Delta. The outflow from the Delta flows into Suisun Bay and then into San Francisco Bay. [f] . . . The availability of water throughout the Delta…