Imperial Irrigation District v. State Water Resources Control Board

Good Law
1990 Cal. App. LEXIS 1211·225 Cal. App. 3d 548·275 Cal. Rptr. 250·90 Cal. Daily Op. Serv. 8504
Court of Appeal of CaliforniaNovember 21, 1990No. D008521California9,059 words

Opinion

Lead Opinion

Froehlich, J.

This is an appeal from a judgment denying the petition for writ of mandate brought by Imperial Irrigation District (IID) to overturn a decision of the State Water Resources Control Board (Board).

Procedural Background and Standards for Review

In 1980 a private citizen requested the Department of Water Resources to investigate alleged misuse of water by IID which had resulted in a rise in the level of the Saltón Sea, flooding the citizen’s farmland. After an investigation, an initial conclusion of water waste, and unproductive communications with IID, the Department of Water Resources referred the matter to the Board for investigation and action. The Board held a hearing which encompassed a period of six days late in 1983, taking testimony and receiving evidence from a number of sources including the original complaining citizen, the Department of Water Resources, IID, a number of other governmental agencies, and the intervener herein, the Environmental Defense Fund, Inc.

On June 21, 1984, the Board issued its decision regarding misuse of water by IID, herein designated Decision 1600 (hereafter sometimes referred to as Board Decision) which consisted of a 71-page review…

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