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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 />requires the water to be appropriated, the beneficiaries to rely <br />upon and change position based upon continued appropriation, the <br />owner's knowledge of the right to the dedication and appropriation, <br />and failure to make objections. Miller & Lux v. Enterprise Canal & <br />Land Co. (1915) 169 Cal. 415, 429-430. <br />Inverse condemnation, which allows the original owner to obtain <br />compensation for the loss while at the same time protecting gov- <br />ernmental interests in the use of water, is usually based upon in- <br />tervening public use of private water rights made without obtaining <br />title. Los Angeles v. Glendale (1943) 23 Cal.2d 68, 80. Typically, the <br />award of damages rather than injunctive relief is available, since <br />inverse condemnation is considered a taking of private property for <br />which compensation must be made. Natural Soda Products Co. v. <br />Los Angeles (1943) 23 Cal.2d 193, 204. However, injunctive relief <br />against governmental action can be granted if the entity invoking <br />the doctrine of inverse condemnation fails to obey court orders or <br />pay the damages, or if the court is unabll> to determine damages <br />fairly. Peabody, pages 377-378; Pasadena, page 920. <br />Under the California Code of Civil Procedure, property necessary <br />for conducting, storing, or distributing water for the use of a govern- <br />mental entity may also be condemned. See Code Civ. Proc. ~~ 1238, <br />1242-1244. The power of eminent domain can be exercised by any <br />person or organization within the state furnishing water to the pub- <br />lic for public use, including municipalities, corporations supplying <br />water to the public, public utilities, or water companies, although <br />some enabling acts place restrictions on the use of the power. Code <br />Civ. Proc. ~~ 1245.210 et seq. Compensation must be made to the <br />owner of water rights when these rights are condemned. The mea- <br />sure of damages in an eminent domain proceeding is the market <br />value of the property at the time the summons is issued, together <br />with any detriment suffered by its severance from property not <br />taken. Los Angeles v. Pomeroy (1899) 124 Cal. 597, 641-644; People <br />by and through Dept. of Public Works v. Lynbar, Inc. (1967) 253 <br />Cal.App.2d 870, 880-882. <br /> <br />The California Water System-A Capsule View <br />California's system for managing its water resources is unique <br />among western states. A highly complex and uncoordinated system <br />that has evolved in piecemeal fashion over more than a century, it <br />certainly would never have been invented in its present form. From <br />1850, when California became a state, until 1914, the regulation of <br />water use was left entirely to the courts. Early water "law" came <br /> <br />California's system/or managing its water <br />resources would never have been invented <br />in its present form. <br /> <br />Chapter 2 Water Rights in California 67 <br />
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