Local News in Brief : Mono Lake Ruling Review

The state Court of Appeal agreed Wednesday to reconsider whether state water officials must review the City of Los Angeles’ licenses to divert water from streams that feed Mono Lake.

Department of Water and Power attorneys had asked the appellate court to review its May 23 ruling on grounds that the city is entitled to more water than the court acknowledged in its decision. But 3rd District Court of Appeal Presiding Justice Robert K. Puglia, in an order issued in Sacramento, gave no reason for granting the city’s rehearing request.

Environmentalists and fishing interests have contended in their lawsuit against the city that Los Angeles is required by a 1953 state law to release an adequate supply of water into normally dry creeks in order to maintain fish that have spilled over diversion dams and have moved downstream. The DWP has contended that it is exempt from the provision because its diversion program was fully operating before 1953.

In its May 23 decision, the appellate court overturned a lower court ruling that the 1953 law did not apply and directed the State Water Resources Control Board to revoke the city’s current diversion licenses. The board would then reissue licenses that provided for the city to allow water into the creeks to maintain the fish.