Cal. Water Curtailment Cases

Filed 9/29/22 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

CALIFORNIA WATER H047270

CURTAILMENT CASES. (Santa Clara County Super. Ct. No. 1-15-CV285182; JCCP No. 4838)

ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING AND REQUEST FOR

JUDICIAL NOTICE

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed on September 12, 2022, be modified as follows: On page 26, in the second sentence in the last incomplete paragraph replace “authority” with “authority under section 1052(a)”. On page 26, in the fifth sentence of the last incomplete paragraph, replace “nothing in division 2” with “no similar provision in division 2”. On page 28, in the second full paragraph, add a footnote at the end of the first sentence that reads: “For purposes of the phase 1 trial and in this appeal, the Board has not challenged the validity of respondents’ water rights. We have therefore assumed the validity of respondents’ water rights in deciding this appeal.” Renumber all subsequent footnotes. On page 29, in the first…