Water Audit Cal. v. Nevada Irrigation Dist. CA3

I. BACKGROUND

On December 3, 2019, Water Audit filed a petition for writ of mandate and complaint for declaratory judgment against the District. The complaint sought a declaration that the District’s Hemphill Diversion in Placer County is an unlawful stream obstruction and an unlawful manner of diversion that must be remediated by the District. Water Audit also sought a writ of mandate to compel the District to remediate the Hemphill Diversion pursuant to a court ordered schedule. On January 29, 2020, the parties entered into a stipulation for dismissal of the litigation. The stipulation explained that the Hemphill Diversion is a structure located in Auburn Ravine near Lincoln that allows for the diversion of water from the ravine into the Hemphill Canal. The stipulation described the District’s efforts to improve fish passage since 2012. For example, the stipulation explained the District formed a group of regulatory agencies and local stakeholders to evaluate the feasibility and permitting requirements to implement strategies to improve fish passage and eliminate fish entrainment at Hemphill. The District engaged an engineering firm to investigate options for modifying or…