Court of Appeal Reaffirms State Water Board’s Broad Authority to Regulate Unreasonable Use Through Emergency Regulations and Curtailment Orders, Even as to Riparian and Pre-1914 Rights, During Drought Conditions

On June 18, 2020, the Third District Court of Appeal affirmed the State Water Resources Control Board’s (“State Water Board” or “Board”) authority to regulate what it deems to be an unreasonable use of water, in this case through adoption of emergency regulations establishing minimum instream flow requirements to protect migration of threatened fish species during drought conditions.