SOUTH SANTA CLARA ETC. DIST. v. JOHNSON

Docket No. 21494.

231 Cal.App.2d 388 (1964)

41 Cal. Rptr. 846

SOUTH SANTA CLARA VALLEY WATER CONSERVATION DISTRICT, Plaintiff and Appellant, v. ORA JOHNSON et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

December 21, 1964.


Attorney(s) appearing for the Case

Sydney S. Johnson for Plaintiff and Appellant.

Charles E. Luckhardt and Rankin, Oneal, Luckhardt, Center, Longinotti & Ingram for Defendants and Respondents.


MOLINARI, J.

Plaintiff water district brought this action to enjoin defendants from impounding water in a dam and reservoir upon their property, thereby withholding from plaintiff water which would otherwise flow into plaintiff's Uvas Dam. The trial court found that the water collected by defendants' reservoir was surface drainage, or "storm" or "vagrant" waters and was not received through any watercourse. Based on this finding, judgment was entered in favor of defendants...

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