Town of Antioch v. Williams Irrigation District

188 Cal. 451, 205 P. 688 (1922)

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Town of Antioch v. Williams Irrigation District

California Supreme Court
188 Cal. 451, 205 P. 688 (1922)

Facts

The Town of Antioch, California, had long-established appropriative rights to divert water from the Sacramento River for municipal uses. Later upstream appropriators drew more and more water from the river for beneficial use. While the upstream water diversion left enough flow for Antioch to draw, the reduced flow was not enough to prevent the upward migration of ocean saltwater from San Francisco Bay into the Sacramento Delta. Because the water was no longer potable at Antioch’s diversion point, Antioch could not use it. Antioch sued 27 defendants, including the Williams Irrigation District (the district) (defendant), relying on its senior water rights to demand that the court prohibit defendants from reducing the river’s flow to a point below what was necessary to keep the salt intrusion downstream from Antioch. The defendants contended that they had not polluted the river but simply diverted water for beneficial use. The superior court granted a temporary injunction in favor of Antioch. The district and the other defendants appealed to the California Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Shaw, C.J.)

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