California Water Curtailment Cases

Summary

The California Court of Appeal considered whether the State Water Resources Control Board had authority under Water Code section 1052(a) to curtail diversions by holders of valid pre-1914 appropriative water rights solely because drought conditions allegedly made water unavailable according to their priorities. The court held that section 1052(a) permits enforcement against diversions outside the scope of a claimed right, but does not authorize curtailment based only on alleged priority violations among valid pre-1914 rights. The court affirmed the trial court’s judgment issuing writs of mandate against the Board.

Holdings

1. The appeal was not dismissed as moot because the Board's authority under Water Code section 1052(a) presented an important public question capable of repetition yet evading review.
2. Water Code section 1052(a) does not authorize the Board to curtail an entire class of otherwise valid pre-1914 appropriative water rights solely because the Board projects that the available water will be insufficient to satisfy the priority claims of all pre-1914 appropriators.
3. The Board retains authority under division 2 to investigate and determine whether a claimed pre-1914 appropriative right is invalid, has been forfeited, or is being exceeded in scope, and may enforce against a diversion outside the valid scope of that right.

Questions Presented

1. Whether the appeal should be dismissed as moot after the 2015 curtailment notices were rescinded.
2. Whether Water Code section 1052(a) authorized the Board to curtail diversions by holders of otherwise valid pre-1914 appropriative water rights solely because drought conditions made the water supply insufficient to satisfy the priority claims of all pre-1914 appropriators.
3. Whether the Board could rely on the possible presence of stored water in the Delta as an alternative basis for the challenged notices.

Disposition

affirmed