Last I heard from Grant Reynolds it is unlikely that this will be appealed. Settlement is in the works. However, (must read the Attorney General’s amicus brief) this gives all of us an opportunity to have an Administrative option to sue directly the SWRCB, given the Attorney Generals amicus that supports Grant Reynolds right to sue directly the 5937 violator.
The SWRCB as the responsible trustee of the resource fails to enforce Fish and Game code 5937 and we as recipients of the Public Trust can sue directly the violator of 5937 BUT the merits of each case must go before the County Superior Court. In this case of Reynolds vs. the City of Calistoga, LRC filed a complaint to the SWRCB that the City of Calistoga dewatered the stream. The SWRCB investigated and put conditions on the City, that the City failed to abide by and the SWRCB failed to further act. Then Grant Reynold filed his lawsuit.