Siskiyou County Farm Bureau v. Department of Fish & Wildlife

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, 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 regardless of whether the taking alters the streambed itself, section 1602, subdivision (a) unambiguously requires notification to the Department if an entity plans to “substantially divert” water. After notification, a statutory mechanism — arbitration followed by court review — exists to resolve disputes about diversions. This notification requirement neither encroaches on any entity’s water rights, nor impairs the powers and duties of the State Water Resources Control Board (Board), which has filed an amicus curiae brief fully supporting the Department’s position.

As we will explain, the trial court…