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Lauren Bernadett and Michael Vergara from Somach Simmons & Dunn

It is no secret that the State of California was tasked with handling one of the worst droughts in California’s recorded history. In 2015, a group of several irrigation districts and water agencies (Public Agencies) located in the Delta challenged how the State curtailed water users during the drought and, after years of litigation, recently obtained victory in Santa Clara Superior Court. The decision protects water right holders by requiring the State Water Resources Control Board (Water Board) to provide due process protections before requiring California water rights holders to stop lawful water diversions.

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