HAGEMANN v. WEST STANISLAUS IRRIGATION DIST.

Docket No. 6016.

144 Cal.App.3d 910 (1983)

193 Cal. Rptr. 70

E.E. HAGEMANN, SR. et al., Plaintiffs and Appellants, v. WEST STANISLAUS IRRIGATION DISTRICT, Defendant and Appellant.

Court of Appeals of California, Fifth District.

July 13, 1983.


Attorney(s) appearing for the Case

COUNSEL

Martin, Crabtree, Schmidt & Zeff and Walter J. Schmidt for Plaintiffs and Appellants.

Pillsbury, Madison & Sutro, Robert M. Westberg, James J. Walsh, Donald J. Putterman-Crigger and Warren F. Gant, for Defendant and Appellant.

Downey, Brand, Seymour & Rohwer and James M. Day, Jr., as Amici Curiae on behalf of Defendant and Appellant.


OPINION

WOOLPERT, J.

On this appeal we decide whether Water Code section 22098 obligates an irrigation district to provide or contribute toward drainage for the benefit of land outside the district to alleviate damage caused by irrigation conducted on land within the district. We begin this opinion with an oversimplification of facts bearing on this issue.

Plaintiffs' farm is reclaimed land bordering a river. Water originating...

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