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Golden Gate University School of Law
Golden Gate University Environmental Law Journal
Frost Protection Rule; water demand management program; Light et al. v. State Water Res. Control Bd; Russian River; salmonid strandings;
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A Vineyardist's View On Reasonable Use And Frost Protection Diversions Under California Water Law, Nicholas Jacobs
A Vineyardist's View On Reasonable Use And Frost Protection Diversions Under California Water Law, Nicholas Jacobs
Golden Gate University Environmental Law Journal
This Article will discuss the Light case from the perspective of my firm’s vineyardist clients—including our understanding of the Reasonable Use Doctrine and its application to the frost protection regulation.
The underlying premise of the frost protection regulation is the theory that reductions in streamflow caused by frost protection diversions cause or contribute to stranding of juvenile salmonids in the exposed gravel banks of the rivers and streams in the Russian River watershed. One of the key issues in Light was whether good science supports this theory. From the perspective of my vineyardist clients, the State Board relied on very …