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DOW v. LASSEN IRRIGATION CO.

No. C068550.

211 Cal.App.4th 97 (2012)

149 Cal. Rptr. 3d 353

JAY DOW, Plaintiff and Appellant, v. LASSEN IRRIGATION COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

November 19, 2012.

Attorney(s) appearing for the Case

Mennemeier, Glassman & Stroud, Margaret Carew Toledo , Stephen Lau ; O'Laughlin & Paris and William Paris for Plaintiff and Appellant.

Kronick, Moskovitz, Tiedemann & Girard, Scott A. Morris and William T. Chisum for Defendant and Respondent.

Kamala D. Harris , Attorney General, Kathleen A. Kenealy , Assistant Attorney General, Joseph Barbieri , Deputy Attorney General; Michael A.M. Lauffer , Andrew H. Sawyer and Marianna Aue for State Water Resources Control Board as Amicus Curiae, upon request of the Court of Appeal.

OPINION

ROBIE, Acting P. J. —

This water rights case involves the interpretation of a decree in a stream adjudication and, more particularly, the interplay between the right to divert water to storage in a reservoir and the right to divert water for direct application to beneficial use.

The specific issue here is whether the trial court correctly interpreted a 1940 judgment...

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