A milestone case that will impact the oldest water rights in California took a significant step forward Thursday. In Santa Clara County Superior Court, the final joint brief on was filed on behalf of Byron-Bethany Irrigation District (BBID), West Side Irrigation District (WSID) and other water agencies.
The case will decide the State Water Resources Control Board’s (SWRCB) claim that during drought, it can curtail riparian and pre-1914 water rights holders under Water Code Section 1052 based on priority of rights. BBID’s legal team argues that the SWRCB does not have such authority. The outcome of this legal battle has far-reaching ramifications for every riparian and pre-1914 water rights holder in the State.
The full brief is posted below.11-9-17 FINAL BBID WSID Reply Brief to SWRCB Opposition to the Merits