Casitas Municipal Water District v. United States

California Water Agencies amicus brief


The California Water Agencies argue in their amicus brief that the California State Water Board is required to balance needs for water. On the one hand, the California Constitution requires that water be beneficially and reasonably use. But Section 5937 of the California Fish & Game Code requires that dam owners provide sufficient flows to keep fish in "good condition" that are below the dam. But neither principle is absolute: "Both of these principles of law require balancing and a

consideration of a broad set of interests when applying section 5937, not the per se

priority for baseline flows presumed in the SWRCB’s brief."

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Reference Info:Federal, Federal Circuit, Claims Court | United States

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