No. 18-205

Northern California Water Association, et al. v. California State Water Resources Control Board, et al.

Lower Court: California
Docketed: 2018-08-16
Status: Denied
Type: Paid
Response Waived
Tags: central-valley-project federal-property intergovernmental-immunity preemption property-rights sovereign-immunity state-taxation state-water-board supremacy-clause tax-assessment taxation water-contractors water-contracts water-rights
Latest Conference: 2018-10-12
Question Presented (from Petition)

Is a California statute imposing a direct tax on the United States' property interest in water constitutional if it is applied in a manner that passes through 100 percent of that tax to the United States' contractors when those contractors' beneficial interest in the taxed water is, at most, 5 percent of the total water being taxed?

Question Presented (AI Summary)

Is a California statute imposing a direct tax on the United States' property interest in water constitutional if it is applied in a manner that passes through 100 percent of that tax to the United States' contractors when those contractors' beneficial interest in the taxed water is, at most, 5 percent of the total water being taxed?

Docket Entries

2018-10-15
Petition DENIED.
2018-09-26
DISTRIBUTED for Conference of 10/12/2018.
2018-09-07
Waiver of right of respondents California State Water Resources Control Board, et al. to respond filed.
2018-08-14
Petition for a writ of certiorari filed. (Response due September 17, 2018)

Attorneys

California State Water Resources Control Board, et al.
Michael James MonganState of CA, Department of Justice, Respondent
Northern California Water Association, et al.
Stuart L. SomachSomach Simmons & Dunn, Petitioner