Phelps v. State Water Resources Control Bd.
Plaintiffs Lloyd L. Phelps, Jr., Gary Phelps, Joey P. Ratto, Jr., and Ronald D. Conn farm land on Upper Roberts Island in the Sacramento-San Joaquin Delta (Delta) under licenses issued by defendant State Water Resources Control Board (SWRCB). The SWRCB imposed civil penalties against plaintiffs pursuant to Water Code section 1052 for unauthorized diversion of water in 2000 and 2001.[1] (State Water Resources Control Bd. Order No. WRO 2004-0004, adopted Feb. 19, 2004 (Order WRO 2004-0004).) Plaintiffs filed a petition for writ of mandate and complaint for declaratory relief which challenged Order WRO 2004 0004 on numerous grounds. The court denied all requested relief and plaintiffs appeal. Court conclude most of plaintiffs claims are time barred under Water Code section 1126, and the courts other findings are supported by substantial evidence. Court therefore affirm the judgment.
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