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Water board, ELF reject Siskiyou County arguments in Scott River suit
 
By David Smith
Siskiyou Daily News
December 27, 2010
 
Mike Slizewski  Water in the Scott River, seen here
from Lighthill Road just south of Fort Jones, has played a central role in a number of recent lawsuits.

 
 
Sacramento, Calif. — A number of water lawsuits are tentatively scheduled to be heard in Siskiyou County courts in January, including Environmental Law Foundation v. State Water Resources Control Board – a case in which parties on both sides have objected to dismissal and transfer motions made by Siskiyou County.

In Environmental Law Foundation (ELF), the petitioners filed a suit in the Sacramento County Superior Court asking the court to declare that Siskiyou County and the State Water Resources Board have a duty under the Public Trust Doctrine to manage groundwater resources in the Scott River basin to protect the river.

In October, the complaint was amended, no longer requesting that the agencies be required to manage groundwater under the doctrine, only seeking a statement that they have the authority to do so.

The suit also requests that the court require that Siskiyou County stop issuing well-drilling permits outside of the adjudicated water basin until a “zone of interconnectedness” is determined by the water board.

Earlier this year, Siskiyou County filed a motion for demurrer and a request for transfer, stating that as the court responsible for adjudicating Scott River water rights, the Siskiyou County court should be the body  responsible for hearing the matter.

Both the water board and ELF filed motions opposing the demurrer and transfer, stating that the county’s interpretation of the suit was incorrect and that the suit does not affect previously adjudicated waters in the Scott River basin.

“The County is wrong,” the water board’s brief states. “In addition to expressly disavowing any interest in reopening the adjudication, the [ELF motion] does not allege any facts or law that would result in a conflict with the 1980 adjudication.”

The water board’s motion also states that because the board has concurrent jurisdiction with Siskiyou County and because the California attorney general – the water board’s legal counsel – is located in Sacramento, that county’s court is the appropriate court to hear the matter.

The Sacramento court will hear the case for demurrer and transfer in January.

– David Smith can be reached at dsmith@siskiyoudaily.com

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