Roderick Eugene Walston's Legal Cases (3)

Appeals

California v. United States, 438 U.S. 645 (1978)

N/A

OUTCOME: State of California prevailed

The United States brought an action against the State of California, arguing that the U.S. Bureau of Reclamation was not required to comply with conditions imposed by a California agency (State Water R ... esources Control Board) regarding the Bureau's appropriation and use of water at a federal dam, the New Melones Project. In a landmark decision, the U.S. Supreme Court held that section 8 of the Reclamation Act of 1902 requires federal agencies, including the Bureau of Reclamation, to comply with state water laws, including conditions attached to permits issued by the state agency. I represented the State of California.

Appeals

National Audubon Society v. Superior Court (Mono Lake), 33 Cal.3d 419 (1983)

N/A

OUTCOME: Public trust doctrine applies to water rights

An environmental organization brought an action against the Los Angeles Department of Water and Power, alleging that the Department's diversions of water from Mono Lake basin violated the public trust ... doctrine. The State of California, which I represented, intervened, and argued that the public trust doctrine applies in the water rights context but that the doctrine functions differently in the water rights context than in other contexts. In a landmark water rights decision, the California Supreme Court agreed and upheld the State of California's argument.

Appeals

O.W.L. Foundation v. City of Rohnert Park, 168 Cal.App.4th 568 (2008)

N/A

OUTCOME: Court of Appeal upheld City's water supply assessm

The City of Rohnert Park issued a water supply assessment pursuant to California Water Code section 10910 et seq., which was enacted in 2002 and requires coordination of water supply planning and land ... use planning in California. The City's water supply assessment determined that the City had sufficient water supplies to accommodate its future growth. The Superior Court issued a writ of mandate invalidating the City's water supply assessment, reasoning that the assessment failed to comply with the statue. On appeal, the California Court of Appeal reversed the Superior Court and held that the City's water supply assessment fully complied with the statute. The Court's decision was the first, and to date only, appellate decision describing the necessary contents of a water supply assessment under the statute.

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