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NO. KERN WATER STORAGE v. KERN DELTA WATER DIST.

No. F047706.

52 Cal.Rptr.3d 839 (2007)

146 Cal.App.4th 424

NORTH KERN WATER STORAGE DISTRICT, Plaintiff, Cross-complainant, Cross-defendant and Appellant, v. KERN DELTA WATER DISTRICT, Defendant, Cross-complainant, Cross-defendant and Appellant; City of Bakersfield, Cross-complainant, Cross-defendant and Respondent.

Court of Appeal of California, Fifth District.

January 2, 2007.

Attorney(s) appearing for the Case

Young Wooldridge, Ernest A. Conant, Scott K. Kuney, Steven M. Torigiani, Bakersfield; Best Best & Krieger, Arthur L. Littleworth, Gregoro K. Wilkinson and Jill N. Willis, Riverside, for Plaintiff, Cross-complainant, Cross-defendant and Appellant.

McMurtrey, Hartsock & Worth, Gene R. McMurtrey, Daniel N. Raytis, James A. Worth, Bakersfield; Smiland Khachigian Chester, William M. Smiland and Theodore A. Chester, Los Angeles, for Defendant, Cross-complainant, Cross-defendant and Appellant.

Virginia A. Gennaro, City Attorney; Duane Morris, Colin L. Pearce and Matthew K. Kliszewski for Cross-complainant, Cross-defendant and Respondent.

OPINION

VARTABEDIAN, Acting P.J.

North Eern Water Storage District (North Kern) appeals and Kern Delta Water District (Delta) cross-appeals from a judgment entered on retrial, after we reversed a prior judgment. The present judgment declared a forfeiture of certain previously appropriated waters of the Kern River. Plaintiff and appellant North Kern contends that the trial court erred in selecting the...

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