Millview County Water District v. State Water Resources Control Board

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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. View "Millview County Water District v. State Water Resources Control Board" on Justia Law