Blog: State Water Board May Prevent Illegal Diversions Of Water Even If Diverter Claims Riparian Or Pre-1914 Appropriative Water Right
From the KMTG Natural Resources Blog:
“In Young v. State Water Resources Control Board (— Cal.App.4th —, Cal.App. 3 Dist., August 4, 2013), a California court of appeal considered whether the State Water Resources Control Board (“Water Board”) has the authority under Water Code section 1831 to issue a cease and desist order (“CDO”) against what it has determined is an unlawful diversion of water, even if the diverter claims a riparian or pre-1914 right. The appellate court rejected an argument that the Water Board was required to first seek a judicial determination of the claimed riparian or pre-1914 rights.”
Read more from the KMTG Natural Resources Blog