GOLDEN FEATHER COMM. v. THERMALITO IRRIGATION

Docket No. C000361.

209 Cal.App.3d 1276 (1989)

257 Cal. Rptr. 836

GOLDEN FEATHER COMMUNITY ASSOCIATION et al., Plaintiffs and Appellants, v. THERMALITO IRRIGATION DISTRICT et al., Defendants and Respondents.

Court of Appeals of California, Third District.

April 26, 1989.


Attorney(s) appearing for the Case

COUNSEL

Robert L. Hewett for Plaintiffs and Appellants.

Minasian, Minasian, Minasian, Spruance, Baber, Meith & Soares, M. Anthony Soares, Peters, Fuller, Rush, Schooling & Carter and John Jeffrey Carter for Defendants and Respondents.


OPINION

SPARKS, J.

In this case we consider whether members of the public may assert the public trust doctrine in order to compel authorized appropriators of water from a nonnavigable stream to continue their diversion of water but forego their use of the diverted water in order to maintain an artificial reservoir for the recreational use of the public. We hold that the public trust doctrine does not apply in these circumstances....

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