Procedural Posture

Both plaintiffs, a water company and users of water, and defendants, a water company and users of water, sought review of an order from the Superior Court of Los Angeles County (California) holding that plaintiffs were to bear one-half of the cost of development in an action to enjoin defendants from unlawfully diverting the waters of the San Antonio Creek.

Overview: caci assault

Plaintiffs filed an action against defendants, seeking an injunction to restrain defendants from the unlawful diversion of the waters of the San Antonio Creek. The trial court held that plaintiffs were to bear one-half of the costs of development. On appeal, the court found that if plaintiffs received one-half of the natural flow to which they were entitled, unimpaired in quantity and quality, through a pipeline, they were not injured by the fact that other water, which otherwise would go to waste, as merely supporting the surface flow, was rescued, nor could plaintiffs lay claim to any of the water so saved. The court further found that as to one of the claims, defendants had acquired a prescriptive title to 18 inches of water. The court held that on remand, the trial court was to determine the percentage or amount of water so saved or developed, which said amount, with the 18 inches to which defendants acquired prescriptive title, might first be taken by defendants, after which the remaining waters were to be divided as in the judgment.

Outcome

The order holding that plaintiffs were to bear one-half of the costs of development was reversed and remanded.