RECENT CALIFORNIA DECISIONS

April 2006

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Third District Court of Appeal Rules on the Validity of SWRCB’s Decision D-1641
State Water Resources Control Board Cases, ___Cal.App.4th___

The California Court of Appeal for the Third Appellate District recently ruled on the validity of the State Water Resources Control Board’s (SWRCB) Revised Water Rights Decision 1641. D-1641 resulted from a water rights proceeding before the State Board allocating responsibility among various water rights holders for meeting flow-dependent water quality objectives in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta). In an over 200-page opinion addressing appeals from eight coordinated cases, the court largely affirmed the trial court’s decision to uphold D-1641. This article first provides the background leading to the appellate court’s decision and then highlights the court’s most significant holdings.