California Court of Appeal

In a water rights dispute where the trial court ruled that plaintiffs acquired prescriptive rights to take water from a spring on defendants' property and to maintain a water line across the property for that purpose, judgment for plaintiffs is affirmed over claims that: 1) post-1913 prescriptive rights to surface water are not recognized by California law; 2) substantial evidence did not support a finding that the water line was visible, open and notorious; 3) the purported visibility of the water line was not sufficient to provide constructive notice of the diversion of water from a spring unknown to defendants; and 4) plaintiffs failed to prove their use of the water and water line was hostile and adverse.

Appellate Information

• Decided 04/03/2008
• Published 04/03/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Peter B. Brekhus & Associates;  Peter B. Brekhus, Greenbrae;  Law Offices of John P. Brekhus and John P. Brekhus, Fresno, for Defendants and Appellants., Jamison & Chappel and Gregory M. Chappel for Plaintiffs and Respondents.