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Dow v. Lassen Irrigation Co., C068550

In a water rights dispute between a rancher and an irrigation company, involving the interpretation of a decree in a stream adjudication and the interplay between the right to divert water to storage in a reservoir and the right to divert water for direct application to beneficial use, the judgment of the trial court is reversed and remanded where: 1) the trial court erred in determining that paragraph 21 of the decree gives the irrigation company a right to divert water from the river for direct application to beneficial use that is measured by the capacity of the company's three reservoirs; 2) properly interpreted, the river decree does give the company a right to divert water for direct application to beneficial use, but that right is provided for in a different part of the decree and is measured in cubic feet per second, not acre-feet; and 3) paragraph 21 of the decree dictates when that right of direct diversion can be exercised, but it does not establish a right to direct diversion itself.

Appellate Information

  • Decided 11/19/2012
  • Published 11/19/2012

Judges

  • Robie

Court

  • California Court of Appeal

Counsel

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