Millview Cnty. Water Dist. v. State Water Res. Control Bd.

Good Law
244 Cal. Rptr. 3d 44·32 Cal. App. 5th 585
Court of Appeal of CaliforniaFebruary 22, 2019A146605California6,424 words

Opinion

Lead Opinion

Margulies, J.

*588 The State Water Resources Control Board (Board) seeks review of the judgment entered following the issuance of a peremptory writ of mandate directing the Board to vacate and set aside its Order No. WR 2014-0021. The Board asserts the petition filed by Millview County Water District (Millview) was untimely, the Board's hearing procedures were fair and in compliance with applicable law, and the trial court erred by not remanding the matter to the Board for further proceedings. We conclude Millview's petition was time-barred and, accordingly, reverse the judgment.

I. BACKGROUND

In June 2006, Millview acquired ownership of License 5763 from Masonite Corporation. License 5763 authorized the direct diversion of water from the Russian River, at a maximum direct diversion rate of 5.9 cubic feet per second for industrial use within a designated area of Yokayo Rancho.

In May 2008, the Board's Division of Water Rights issued a notice of proposed revocation to Millview regarding the water rights in License 5763. Shortly thereafter, Millview timely requested a hearing on the proposed license revocation. On April 2, 2013, the Board held a hearing to receive *589 evidence as to whether…

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