Stanford Vina Ranch Irrigation Co. v. State of Cal.Annotate this Case
Stanford Vina Ranch Irrigation Company (Stanford Vina) sued the California Water Resources Control Board (the Board), among other defendants, challenging the Board’s issuance of certain temporary emergency regulations in 2014 and 2015, during the height of one of the most severe droughts in California’s history. The challenged regulations established minimum flow requirements on three tributaries of the Sacramento River, including Deer Creek in Tehama County, in order to protect two threatened species of anadromous fish, Chinook salmon and steelhead trout, during their respective migratory cycles. Furthermore, Stanford Vina challenged the Board’s implementation of those regulations by issuing temporary curtailment orders limiting the company’s diversion of water from Deer Creek for certain periods of time during those years in order to maintain the required minimum flow of water. Judgment was entered in favor of the Board and other defendants. Stanford Vina appealed. Finding the Board possessed broad authority to regulate the unreasonable use of water in California by various means, including the adoption of regulations establishing minimum flow requirements protecting the migration of threatened fish species during drought conditions and declaring diversions of water unreasonable where such diversions would threaten to cause the flow of water in the creeks in question to drop below required levels, the Court of Appeal affirmed. The Board’s adoption of the challenged regulations was not arbitrary, capricious, or lacking in evidentiary support, nor did the Board fail to follow required procedures, and the Court declined to override the Board’s determination as to reasonableness set forth in the regulations.