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Last modified
5/14/2010 8:58:17 AM
Creation date
9/30/2006 10:18:55 PM
Metadata
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Publications
Year
1995
Title
Califormia Water
CWCB Section
Interstate & Federal
Author
Arthur L. Littlewort
Description
History, overview, and explanation of water rights and legislation of California
Publications - Doc Type
Historical
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<br /> <br />Today, most significant water rights <br />lawsuits involve either public agencies <br />or environmental groups, or both. <br /> <br />64 CALIFORNIA WATER <br /> <br />of water. Corona Foothill Lemon Company v. Lillibridge (1937) <br />8 Cal.2d 522, 524-525; Phoenix Water Company v. Fletcher (1863) <br />23 Cal. 481, 485; Smith v. Wheeler (1951) 107 Cal.App.2d 451, 455- <br />456; Bonetti v. Ruiz (1910) 15 Cal.App. 7, 10. <br />Examples of situations where the injury was not sufficient to <br />warrant injunctive relief include situations where enough water is <br />available for all uses, the use to be protected is wasteful, or damages <br />are only nominal. San Bernardino v. Riverside (1921) 186 Cal. 7, 20; <br />Hufford v. Dye (1912) 162 Cal. 147, 155-156; Nevada County & <br />Sacramento Canal Co. v. Kidd (1869) 37 Cal. 282, 306-307. <br /> <br />Parties Entitled to Relief. Any party with an interest in the water, or <br />the wrongful use or diversion of the water, may bring an action for <br />injunctive relief. Thus, an individual who has acquired the right to di- <br />vert water from a stream throngh appropriation or prescription may <br />enjoin the subsequent diversion of water from the stream at points <br />above the place of diversion if it can be shown that the subsequent di- <br />version will diminish the flow of the stream or would otherwise injure <br />the water right. Antioch v. Williams Irr. Dist. (1922) 188 Cal. 451, 457. <br />Both riparians and owners of underground water rights can <br />bring an action for injunctive relief. Tulare, pages 533-535; Pasadena, <br />pages 930-931. Consumer groups and governmental entities can also <br />bring an action for injunctive relief, but an injunction will not be <br />granted if the injury can be redressed in another manner or is insub- <br />stantial. Lamb v. California Water & Tel. Co. (1942) 21 Cal.2d 33, 44. <br />Today, however, most significant water rights lawsuits are <br />brought either by public agencies to enforce their own rights or in a <br />representative capacity on behalf of their inhabitants, or by envi- <br />ronmental groups. See, for example, U.S. v. Fallbrook Public Utility <br />District (1965) 347 F.2d 48; Orange County Water District v. <br />Riverside (1959) 173 Cal.App.2d 137; National Audubon Society v. <br />Superior Court (1983) 33 Cal.3d 419. The relatively liberal standing <br />requirements and the ability of environmental groups to collect at- <br />torneys' fees have increased this type of water rights litigation. <br />Because of the complexity and expense of this litigation, many suits <br />result finally in a stipulated judgment. See, for example, Orange <br />County Water District v. City of Chino, et al., (1969) Orange County <br />Superior Court, No. 117628, settling downstream claims to waters in <br />the Santa Ana River system after some six years of litigation. <br />Settlement also allows the development of innovative and <br />finely tailored provisions that best meet the needs of a local area. <br />The stipulated judgment in Chino Basin Municipal Water District v. <br />
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