Siskiyou Superior Court Rules that the Act of Diverting Water is Not Subject to Regulation Under California Fish and Game Code section 1602

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On December 24, 2012, the Siskiyou Superior Court issued its decision in Siskiyou County Farm Bureau v. California Department of Fish and Game, Case No. SC SC CV 11-00418. In the decision, the court finds that the Legislature did not intend to include the act of diverting water pursuant to a water right to be within the regulatory scope of Water Code section 1602, and enjoins the California Department of Fish and Game (DFG) from seeking to enforce against agricultural water diverters for failing to notify the Department of the diverter’s intention to exercise his water right absent alteration to the bed, bank, or stream.

A copy of the court’s decision is available here.

For additional information regarding this post, please contact Rebecca R. Akroyd or the KMTG attorney with whom you normally consult.