The following is the full text of the Amicu Brief of the California Attorney General, filed with the First Appellate District, in support of the plaintiffs in Grant Reynolds v. City of Calistoga.
20241020-RJN-Item-3-Calistoga-Appellate-amicus-briefThe State Water Resources Control Board (“SWRCB”) and the California Department of Fish and Wildlife (“DFW”)1 respectfully request leave to file this brief as amici curiae. The brief addresses three issues directly relevant to the dispute between the parties. First, the City of Calistoga (“City”) mischaracterized arguments advanced by the Attorney General’s Office on behalf of the SWRCB and DFW as amici curiae in the court below. Second, as a matter of law, the City is not a trustee agency for purposes of the public trust issues presented in this case. Third, if the City’s dam does not release sufficient water to maintain fish in good condition, the State trustees’ remedies are not limited to an action for judicial review of the City’s determination of adequate flows.