U.S. District Court Dismisses Constitutional Challenges to Curtailments on Deer Creek and Mill Creek, but Allows Related Challenges Against California Department of Fish and Wildlife to Proceed

November 2023

California Water Law & Policy Reporter, Volume 34, Number 2

On September 28, 2023, the U.S. District Court for the Eastern District of California granted a motion to dismiss claims against the members of the State Water Resources Control Board (State Water Board), its Executive Director, and its Deputy Director for the Division of Water Rights brought by plaintiffs Los Molinos Mutual Water Company (Los Molinos), Peyton Pacific, LLC (Peyton), and Stanford Vina Ranch Irrigation Company (Stanford Vina). The court also granted in part and denied in part a motion to dismiss regarding claims made against the California Department of Fish and Wildlife (Department) and its Director, Charlton Bonham, by Stanford Vina. [Los Molinos Mutual Water Company, et al. v. Erik Ekdahl, et al., Case No. 2:21-cv-01961-DAD-DMC (E.D. Cal. Sept. 28, 2023).]

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