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MONOLITH PORTLAND CEMENT v. MOJAVE PUB. UTIL. DIST.

Docket No. 1060.

4 Cal.App.3d 840 (1970)

84 Cal. Rptr. 639

MONOLITH PORTLAND CEMENT COMPANY, Plaintiff, Cross-defendant and Appellant, v. MOJAVE PUBLIC UTILITY DISTRICT, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Fifth District.

February 24, 1970.

Attorney(s) appearing for the Case

COUNSEL

Conron, Heard & James, Enright, Elliott & Betz and Norman Elliott for Plaintiff, Cross-defendant and Appellant.

Palmer, Anderson & Stronge, Oran W. Palmer and William A. Anderson for Defendant and Respondent.

OPINION

STONE, P.J.

This action involves water rights in a rather small watershed which drains into Cache Creek. The surface flow of the creek is insignificant and presents no issue here. On the other hand, underground drainage is of some moment, and the key to the case lies in migration of water beneath the surface.

Cache Creek flows southerly down a ravine into Tehachapi Valley which, in this area of Kern County, lies generally...

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