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COUNTY OF BUTTE v. DEPARTMENT OF WATER RESOURCES

No. C071785.

90 Cal.App.5th 147 (2023)

COUNTY OF BUTTE, Plaintiff and Appellant, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; STATE WATER CONTRACTORS, INC., et al., Real Parties in Interest and Respondents. COUNTY OF PLUMAS et al., Plaintiffs and Appellants, v. DEPARTMENT OF WATER RESOURCES, Defendant and Respondent; STATE WATER CONTRACTORS, INC., et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Third District.

As modified May 1, 2023.

Attorney(s) appearing for the Case

Bruce Alpert and Brad J. Stephens , County Counsel; Rossmann and Moore, Antonio Rossmann , Roger B. Moore , Barton Lounsbury ; Law Office of Roger B. Moore, Roger B. Moore ; Shute Mihaly & Weinberger and Ellison Folk for Plaintiff and Appellant County of Butte.

R. Craig Settlemire and Gretchen Stuhr , County Counsel; Law Office of Roger B. Moore, Roger B. Moore ; Law Offices of Michael B. Jackson and Michael B. Jackson for Plaintiffs and Appellants County of Plumas and Plumas County Flood Control and Water Conservation District.

E. Robert Wright for Friends of the River and the California Sportfishing Protection Alliance as Amici Curiae on behalf of Plaintiffs and Appellants.

Kamala D. Harris , Xavier Becerra and Rob Bonta , Attorneys General, Robert W. Byrne , Assistant Attorney General, Randy L. Barrow , Tracy L. Winsor , Deborah L. Barnes , Russell B. Hildreth and Matthew J. Goldman , Deputy Attorneys General, for Defendant and Respondent.

The Sohagi Law Group, Margaret M. Sohagi , Philip A. Seymour ; Duane Morris, Thomas M. Berliner , Paul J. Killion , Jolie-Anne S. Ansley ; Downey Brand, David R.E. Aladjem , Meredith Nikkel and Rebecca R.A. Smith for Real Parties in Interest and Respondents.

OPINION

This case concerns California's efforts to relicense its hydropower facilities at Oroville Dam (the Oroville Facilities). Federal authorities initially licensed these facilities—which are part of the State Water Project (SWP)—in 1957 for a 50-year period. Before the license expired, California...

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