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COUNTY OF LAKE v. SMITH

Docket No. A046835.

228 Cal.App.3d 214 (1991)

278 Cal. Rptr. 809

COUNTY OF LAKE, Plaintiff and Respondent; THE PEOPLE ex rel. STATE LANDS COMMISSION, Plaintiff and Appellant, v. M. MARONI SMITH, as Trustee, etc., et al., Defendants and Appellants.

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

March 8, 1991.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp and Daniel E. Lungren, Attorneys General, N. Gregory Taylor, Assistant Attorney General, Jan S. Stevens and Michael L. Crow, Deputy Attorneys General, for Plaintiff and Appellant.

Windrem & Brookes, Peter F. Windrem and Thomas E. Anderson for Defendants and Appellants.

Cameron L. Reeves, County Counsel, and Douglas H. Calkins, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

PETERSON, J.

Prior judicial decisions have dealt with Clear Lake, a natural and navigable lake in Northern California. Its water level is subject to marked, seasonal fluctuations. Those prior decisions have recognized that, under normal conditions, the "minimum elevation" of the water level is approximated at zero elevation on the Rumsey Gauge, a measuring device placed in the...

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