The ruling, issued Sept. 16, granted a motion to transfer filed
by DFG earlier this year when the department was faced with two
challenges regarding its practices in Siskiyou County.
In the Farm Bureau matter, it is alleged that the department has
reinterpreted section 1602 of its code to require all diversions
from a waterway to be subject to reporting rules. In the other
matter, Klamath Riverkeeper v. California Department of Fish
and Game, it is alleged that Environmental Impact Reports (EIR)
for two water permitting programs are inadequate.
Judge Ernest Goldsmith, in granting the transfer request, states
that “defining the scope of ‘water diversions’ under Section
1602 is crucial in analyzing the EIRs.
“In essence, the Klamath action evaluates whether the
DFG’s EIRs appropriately considered all components of the
Program while the Farm Bureau action aims to define one
of those components: water diversions under Section 1602.”
Both the Farm Bureau and Riverkeeper had submitted briefs in
their separate cases stating that the two should remain
separate, arguing that the cases were not addressing the same
questions of law.
Goldsmith also says that the transfer will conserve judicial
resources and would be more convenient for all parties and
counsel.
Goldsmith ultimately concludes his argument by stating, “Thus,
coordination would promote the ends of justice because the legal
question of determining the scope of Section 1602 as well as the
factual questions regarding water use within the Scott and
Shasta River Watersheds predominate both actions.”
Currently pending in the Farm Bureau matter is a request from
DFG that the case be dismissed due to an alleged failure to
present a cause of action.
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