Thursday’s top of the scroll: State Water Resources Control Board convenes hearing on Cease and Desist Order regarding the validity of pre-1914 and riparian water rights in the Delta

On May 5, 2010, the State Water Resources Control Board (“State Water Board” or “Board”) began formal enforcement proceedings to determine the validity of pre-1914 and riparian water rights claimed by several landowners in the Sacramento-San Joaquin Delta (“Delta”).  The Central Delta Water Agency and South Delta Water Agency filed suit against the State Water Board to prevent the Board from engaging in such enforcement proceedings, arguing that the State Water Board lacks authority to determine the validity of pre-1914 and riparian rights in enforcement proceedings.  Ultimately, those efforts failed.  The State Water Board’s decision could have significant precedential effects.

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