(Download) "Byerly v. Sale" by Fourth Appellate District, Division Three Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Byerly v. Sale
- Author : Fourth Appellate District, Division Three Court of Appeal of California
- Release Date : January 30, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is a consolidated appeal from judgments dismissing petitions for writs of mandate by which California Trout, Inc., National Audubon Society, and Mono Lake Committee (plaintiffs) would command the State Water Resources Control Board (Water Board) to rescind two licenses, issued to the City of Los Angeles and its Department of Water and Power (collectively referred to as L.A. Water and Power) in 1974, which confirm rights to the appropriation of water. The licenses validate the diversion of water by means of dams from four creeks in Mono County, tributaries to Mono Lake, for the generation of power and for domestic uses by L.A. Water and Power. Plaintiffs contend the licenses violate Fish and Game Code section 5946, which directs that "[no]. .. license to appropriate water [in portions of Mono and Inyo Counties] shall be issued. .. after September 9, 1953, unless conditioned upon full compliance with Section 5937." Section 5937 mandates that "[the] owner of any dam shall allow sufficient water at all times. .. to pass over, around or through the dam, to keep in good condition any fish that may be planted or exist below the dam."