Environmental Defense Fund v. East Bay Mun. Utils. Dist.

ELR Citation: ELR 20504
No(s). 425,955 (Cal. Super. Ct. Apr 26, 1973)

The purchase of water by a local utility district from the New Melones Dam federal water project is not subject to state law where there is no allegation that the project itself violates state law. Were California law applicable, a party found to be using water in an environmentally unreasonable manner by the State Water Resources Control Board is not liable under the doctrine of reasonable use to parties having no property rights in the water. For further discussion on the New Melones Dam Project, see Comment. State Water Board Decision May Halt New Melones Project, 3 ELR 10062.

Counsel for Plaintiff
Thomas J. Graff
2728 Durant Avenue
Berkeley, CA 94704

Counsel for Defendant
John B. Reilley
2130 Adeline St.
Oakland, CA 94607

Counsel for Intervenor
John B. Heinrich
827 7th St., Room 220
Sacramento, CA 95814

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