WSP04825

• File Number: 8210.140.20
• Description: Colorado River Basin Organizations and Entities - Colorado River Basin States Forum - California
• State: CA
• Basin: Colorado Mainstem
• Date: 1/1/1939
• Author: Metro Water District
• Title: Metropolitan Water District of Southern California - History and First Annual Report
• Water Supply Pro - Doc Type: Annual Report

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. '''.) '"""'! LEGA L ACTIVITIES 99
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contract, was pending. The major case, which had been tried and
decided in favor of the District in the spring of 1938, was :;\l~pealed
to the United States Circuit Court of Appeals for the Ninth Circuit.
The record was prepared, briefs were filed. and the cause was
argued and submitted, but nO decision as yet has been rendered.
The complaint for conversion of the machinery and equipment
taken over and used by the District, which had been filed in Feb-
ruary 1938, was continued under stipulation that the District need
not appear nor plead to the cOIllplaint until thirty days after written
notice from the company that judgment in the main case pending
on appeal, as above noted, had become final.

Damages to Lands and Water Rights
Claims for damages in substantial amounts have been filed ai-
leging interference with, or deprivation of, water rights. Some of
these claims had merit and a continuous effort has been made to
settle snch cases in order to avoid litigation, wherever possible.
A number of claims have been settled upon terms which resulted
in substantial savings to the claimants and to the District. Other
claims lack merit, or are too broad and may have to be litigated.

Taxes
Six snits by Southern California Telephone 'Company to rec-over
taxes for the fiscal years 1937-38, 1938-39, and 1939-40, paid under
protest, were pending, recovery being sought on ground of arbitrary
and discriminatory valuations assessed by the state board of equal-
ization. Under stipulation, the District need not plead thereto until
after written notice. Three of these actions were filed in Los
Angeles County and three in Orange County. Two suits were filed
by the District against the County of Riverside, to recover taxes
for the jiscal years 1936-37, 1937-38, 1938-39, and the first install-
ment of taxes for the fiscal year 1939-40, on the ground that the
District's lands outside its boundaries are not taxable under section
1 of article XIII of the state constitution. These actions are pending
on demurrer.

Condemnation
The District's appeal from the judgments after trial of group 1
of the parcels involved in the Cajalco reservoir action in Riverside
County resulted in reversals by the Fourth District Court of Appeal.
Hearing wa,; gm\\ted by the Supreme Court, and the appeal was
further argued and briefed in that court, where it is awaiting