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NICOLL v. RUDNICK

No. F052948.

72 Cal.Rptr.3d 879 (2008)

160 Cal.App.4th 550

John W. NICOLL as Trustee, etc., Plaintiff, Cross-defendant and Appellant, v. Oscar RUDNICK as Trustee, etc., Defendant, Cross-complainant and Respondent.

Court of Appeal of California, Fifth District.

February 27, 2008.

Attorney(s) appearing for the Case

McQuaid Bedford & Van Zandt LLP, Lyman D. Bedford, San Francisco, and Naz Roudiani, for Plaintiff, Cross-defendant and Appellant.

Lynch and Lynch LLP, Craig M. Lynch, Bakersfield, for Defendant, Cross-complainant and Respondent.

OPINION

KANE, J.

In the 1860's, J.W. Nicoll constructed a three-mile long ditch (the Nicoll Ditch) to convey water from the south fork of the Kern River to his 300.5-acre property. A 1902 judgment confirmed his right to appropriate a defined quantity of water from the Kern River through the Nicoll Ditch for use on the property. The subject property consisted of two contiguous parcels of land—an upslope...

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