Pleasant Valley Canal Co. v. Borror
California Court of Appeal
72 Cal. Rptr. 2d 1 (1998)
- Written by Rose VanHofwegen, JD
Facts
The Pleasant Valley Canal Company (the water company) (plaintiff) was a mutual water company that diverted water from a river and distributed it through a ditch to shareholders who used the water. Above the Pleasant Valley Canal, the Borror family (defendants) owned land straddling the river and diverted water to flood-irrigate a cattle pasture. When water levels dropped, the water company sued claiming the Borrors were wasting water and depriving the company part of its water. The Borrors countered that they had riparian rights to use the entire flow in addition to appropriated rights adjudicated in another case. The trial court found the Borrors’ flood-irrigation methods were not wasteful but nonetheless entered an injunction, reasoning the Borrors had bargained away additional water rights, which effectively cut the Borrors’ long-standing use in half. The parties cross-appealed.
Rule of Law
Issue
Holding and Reasoning (Buckley, J.)
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