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Siskiyou County Farm Bureau v. Department of Fish & Wildlife

California Court of Appeals, Third District

June 26, 2015

SISKIYOU COUNTY FARM BUREAU, Plaintiff and Respondent,
v.
DEPARTMENT OF FISH AND WILDLIFE, Defendant and Appellant.

THE COURT:

IT IS ORDERED that the opinion filed herein on June 4, 2015, 237 Cal.App.4th 411; ___ Cal.Rptr.3d ___ be modified as follows and rehearing is DENIED:

1. On page 4 [237 Cal.App.4th 421, advance report, 1st full par., line 13] in the last sentence of the first paragraph, the words “based on” are to be replaced with words “related to but not limited by” so that the sentence now reads:

The purportedly new interpretation referenced by the complaint was related to but not limited by the Stopher criteria, which presumed that any diversion of water within the relevant watershed was a substantial diversion within the meaning of section 1602.

As modified, the petition for rehearing is denied. This modification does not change the judgment.


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