Filed 2/22/19 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE MILLVIEW COUNTY WATER DISTRICT, Plaintiff and Respondent, A146605 v. (Mendocino County STATE WATER RESOURCES Super. Ct. No. SCUK-CVPT-14- CONTROL BOARD, 64233) Defendant and Appellant; SONOMA COUNTY WATER AGENCY, Real Party in Interest and Respondent. The State Water Resources Control Board (Board) seeks review of the judgment entered following the issuance of a peremptory writ of mandate directing the Board to vacate and set aside its Order No. WR 2014-0021. The Board asserts the petition filed by Millview County Water District (Millview) was untimely, the Board’s hearing procedures were fair and in compliance with applicable law, and the trial court erred by not remanding the matter to the Board for further proceedings. We conclude Millview’s petition was time-barred and, accordingly, reverse the judgment. I. BACKGROUND In June 2006, Millview acquired ownership of License 5763 from Masonite Corporation. License 5763 authorized the direct diversion of water from the Russian River, at a maximum direct diversion rate of 5.9 cubic feet per second for industrial use within a designated area of Yokayo Rancho. In May 2008, the Board’s Division of Water Rights issued a notice of proposed revocation to Millview regarding the water rights in License 5763. Shortly thereafter, Millview timely requested a hearing on the proposed license revocation. On April 2, 2013, the Board held a hearing to receive evidence as to whether License 5763 should be revoked. Millview appeared at the hearing through its counsel. It presented evidence, examined witnesses, and otherwise participated at the hearing. Millview also filed a closing brief following the hearing. On April 22, 2014, the Board issued a draft order revoking License 5763. The cover letter stated the draft order “is tentatively scheduled to be considered for adoption by the [Board] during its May 20, 2014 meeting.” After receiving written comments on the draft order, including written comments from Millview, the Board issued a notice of correction to one footnote in the draft order. On May 20, 2014, the Board conducted a public meeting for which consideration of the draft order was an agenda item. Millview attended the meeting and gave an oral statement. At the conclusion of the public meeting, the Board found the water at issue had not been put to beneficial use for a period of five years or more and formally adopted the draft proposed order, along with the single correction previously circulated to the parties, as Order No. WR 2014-0021 (Order). On May 30, 2014, Ernest Mona, an employee with the Board’s hearings and special programs section, e-mailed a copy of the Order to the various hearing participants, including Millview. The cover letter stated the Order was adopted by the Board on May 20, 2014 and the statute of limitations for seeking reconsideration began to run from that date. Neither party identifies any differences between the Order and the draft order and change sheet circulated prior to the public hearing. On ...
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