According to the CFBF news release, the lawsuit alleges that "the Department of Fish and Game recently reinterpreted a law enacted in 1961, in an attempt to create a 'fundamental change' that would give it broad new authority to oversee water rights -- a function already performed by a separate state agency, the State Water Resources Control Board." Farm Bureau also alleges that the DFG began following the new interpretation "as it pursued a recovery strategy for coho salmon in ... two rivers, which are protected under the Endangered Species Act."
The statute at issue is Fish and Game Code section 1602, which states that "[a]n entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit ...unless" the DFG receives notification of the intended activity. DFG issues a "streambed alteration permit" if it determines that the activity may "substantially adversely affect an existing fish or wildlife resource."
To read the CFBF new release, click here.
To read the Central Valley Business Times story, click here.
For the full text of CA Fish and Game Code sections 1600-1616, click here.
Posted: 06/24/2010
