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U.S. v. CONTRA COSTA COUNTY WATER DIST.

No. 81-4095.

678 F.2d 90 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. CONTRA COSTA COUNTY WATER DISTRICT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1982.

Attorney(s) appearing for the Case

Jeffrey D. Polisner, Walnut Creek, Cal., for defendant-appellant.

Charles M. O'Connor, Asst. U. S. Atty., San Francisco, Cal., for plaintiff-appellee.

Before GOODWIN and POOLE, Circuit Judges, and DAVID W. WILLIAMS, District Judge.

DAVID W. WILLIAMS, District Judge:

The United States owns the Contra Costa Canal System (Canal) and by reason of a contract with the Contra Costa Water District (District) supplied the latter with its water needs. Article 5(d)(1) of the contract compels the District to pay the United States for canal operation and maintenance costs. Hanford, an adjoining land owner to the canal, performed work on his land that imperiled the strength of the canal, and under emergency...

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