Millview County Water District v. State Water Resources Control BoardAnnotate this Case
In 2006, Millview acquired License 5763, which authorized the diversion of water from the Russian River for industrial use. In 2008, the Water Resources Control Board issued a notice of proposed revocation. At a 2013 hearing, Millview appeared through counsel, presented evidence, examined witnesses, and filed a brief. The Board issued a draft order revoking License 5763. After receiving written comments on the draft order, including Millview’s comments, the Board conducted a May 20, 2014, public meeting at which Millview gave an oral statement. The Board found the water at issue had not been put to beneficial use for a period of five years and formally adopted the draft order. Days later, Mona, a Board employee, e-mailed the order to participants, including Millview. The cover letter stated the statute of limitations for seeking reconsideration began to run from May 20. On June 2, Mona e-mailed a “Corrected Version” to the participants, including Millview, to reflect that the Chair was absent during the adoption of the order. The cover letter stated: “No later than 30 days after adoption of the corrected order, any interested person may petition ... for reconsideration.” On June 30, Millview filed a petition for writ of administrative mandamus, challenging the adequacy of the public hearing and the corrected order. The court of appeal concluded that the petition was time-barred under Water Code section 1126(b), rejecting an argument that the June 2 decision was the ‘final’ decision.