Tulare Irrigation District v. Lindsay-Strathmore Irrigation District
California Supreme Court
45 P.2d 972 (1935)
- Written by Rose VanHofwegen, JD
Facts
The Tulare Irrigation District and many others (collectively, the Tulare) (plaintiffs) sued to quiet title to water in the Kaweah delta and stop the Lindsay-Strathmore Irrigation District (the Lindsay-Strathmore) (defendant) from pumping underground water out of the watershed to use elsewhere. The Tulare conceded that the Lindsay-Strathmore had prior rights to appropriate the water but argued that the amount the Lindsay-Strathmore used was not all for beneficial purposes. Specifically, multiple farmers who testified for the Lindsay-Strathmore said that during the winter months, they flood-irrigated primarily to get rid of gophers and other pests. The farmers were vague about whether winter irrigation had any other benefits. Meanwhile, others who used water from the delta did not have enough. The trial court found winter irrigation not a beneficial use and enjoined the Lindsay-Strathmore from using the water. The Lindsay-Strathmore appealed.
Rule of Law
Issue
Holding and Reasoning (Waste, C.J.)
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