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Farm bureau case
decision delayed in Siskiyou
By David Smith
Siskiyou Daily News
October 1, 2010
Yreka, Calif. — The Siskiyou County
Superior Court is holding off on its decision in the
case California Farm Bureau v. California Department
of Fish and Game pending a ruling in the San
Francisco Superior Court on whether or not the case
will be moved to that venue.
Siskiyou County is the county of
origin for the declaratory relief case, in which the
farm bureau has requested a court statement on an
alleged fish and game reinterpretation of section
1602 of the department’s code, which is related to
diversions from waterways.
Earlier this year, the Department of Fish and Game requested that the case be consolidated in the San Francisco Superior Court with a case asking the court to decide whether or not department diversion programs in the Shasta and Scott valleys meet environmental guidelines. Even if the cases are not consolidated, the department requested that the Farm Bureau matter be transferred out of Siskiyou County.
Siskiyou County Counsel Thomas Guarino, who received a copy of the Siskiyou court’s decision this week, stated that he believes that the case may be headed to the southern California court.
If the cases are consolidated, the court will likely hear Fish and Game’s request to have the Farm Bureau request dismissed based on a “failure to state a cause of action.”
The Farm Bureau and parties in the second case have resisted consolidation of their cases in briefs submitted to the courts.
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