Buena Vista Wat. Storage Dist. v. Kern Wat. Bank Authority

Filed 4/11/22 (unmodified opinion and 3/22/22 pub. & mod. order attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

BUENA VISTA WATER 2d Civil No. B309764 STORAGE DISTRICT, (Super. Ct. No. 56-2019- 00528316-CU-WM-VTA) Plaintiff and Respondent, (Ventura County)

v. ORDER MODIFYING

OPINION AND DENYING

KERN WATER BANK REHEARING

AUTHORITY, [NO CHANGE IN

JUDGMENT]

Defendant and Appellant.

THE COURT:

It is ordered that the opinion filed herein on February 23, 2022, be modified as follows: On page 1, the second sentence of the first paragraph beginning “In 2010, the State Water Board” is deleted and replaced with:

In 2010, the State Water Board (State Board) issued an order removing the fully appropriated stream designation of the Kern River based on evidence that “there [was] some unappropriated water in the Kern River” in certain wet years.

There is no change in judgment. Respondent’s…