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San Joaquin River Exch. Contractors Water Auth. v. State Water Resources Control Bd.

Citation: 40 ELR 20121
No. No. C060697, (Cal. Ct. App., 04/13/2010)

A California appellate court affirmed a lower court decision that denied in part petitions for writ of mandate of plaintiffs, public agencies and mutual water companies, challenging certain amendments made to a water quality control plan by a state water quality control board. Plaintiffs asserted that the amendments, which established TMDLs for salt and boron and required studies from entities responsible for oxygen demand, violated state and federal water law and the California Environmental Quality Act. Affirming the lower court decision in full, the court denied the petitions except on one issue: whether the substitute for the salt and boron TMDL was as effective as a TMDL. Specifically, because the technical report for the salt and boron TMDL did not clearly indicate that the substitute used – total maximum monthly load – was as effective as a TMDL, the lower court properly issued a peremptory writ of mandate.