Siskiyou Co. Farm Bureau v. Dept. Fish & Wildlife

Filed 6/26/15 (unmodified opinion attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Siskiyou) ----

SISKIYOU COUNTY FARM BUREAU, C073735

Plaintiff and Respondent, (Super. Ct. No. SC CV CV 11- 00418) v.

MODIFICATION OF

DEPARTMENT OF FISH AND WILDLIFE, OPINION UPON DENIAL

OF PETITION FOR

Defendant and Appellant. REHEARING

[NO CHANGE IN

JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on June 4, 2015, be modified as follows: 1. On page 4 in the last sentence of the first paragraph, the words “based on” are to be replaced with words “related to but not limited by” so that the sentence now reads:

1 The purportedly new interpretation referenced by the complaint was related to but not limited by the Stopher criteria, which presumed that any diversion of water within the relevant watershed was a substantial diversion within the meaning of section 1602. As modified, the petition for rehearing is denied. This modification does not change the judgment.

FOR THE COURT:

ROBIE …