RECENT CALIFORNIA DECISIONS

March 2007

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Third District Court Rules that State Board Regulatory Fees for Water Rights Permits Are Unconstitutional
California Farm Bureau Federation v. California State Water Resources Control Board

If you paid fees to the State Water Resources Control Board (SWRCB) in connection with your water rights permit or license, and you requested reconsideration of that fee, you may receive a refund. On January 17, 2007, the Third District Court of Appeal ruled that the SWRCB’s emergency regulations establishing regulatory fees for water rights permits are unconstitutional. (California Farm Bureau Federation v. California State Water Resources Control Board. That court upheld, however, the constitutionality of § 1525 of the California Water Code and other sections which direct the SWRCB to develop fees for water rights permits.