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Central Delta Water Agency v. State Water Resources Control Bd.

ELR Citation: 34 ELR 20140
Nos. No. C041749, (Cal. App. 3d Dist., 11/19/2004)

A California appellate court held that under the state constitution and the state Water Code, an application for a permit to impound water in a reservoir must state, and the Water Board must determine, that an actual, intended beneficial use, in estimated amounts, will be made of the impounded waters. A general statement of potential beneficial use is insufficient and the board may not satisfy its statutory and constitutional obligations by conditioning a permit on a particular use and in amounts to be specified at some later date. In addition, the California Environmental Quality Act requires that the environmental consequences of the specific intended beneficial use of the impounded water be determined before issuance of a permit.