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MODESTO IRRIGATION DIST. v. TANAKA

No. C083430.

48 Cal.App.5th 898 (2020)

MODESTO IRRIGATION DISTRICT, Plaintiff and Respondent, v. HEATHER ROBINSON TANAKA, Defendant and Appellant.

Court of Appeals of California, Third District.

May 7, 2020.

Attorney(s) appearing for the Case

Freeman Firm, Thomas H. Keeling ; Harris, Perisho & Ruiz, Mohan, Harris, Ruiz, Wortman, Perisho & Rubino, S. Dean Ruiz ; Law Office of John Herrick, John Herrick ; Nomellini, Grilli & McDaniel and Dante John Nomellini, Jr. , for Defendant and Appellant.

Allen Matkins Leck Gamble Mallory & Natsis, James L. Meeder , Barry H. Epstein , Jordan L. Flanders ; O'Laughlin & Paris and Valerie C. Kincaid for Plaintiff and Respondent.

OPINION

California riparian rights principles, derived from English common law, hold that the owners of "riparian land," land that is contiguous to a river, stream, creek, lake or other natural water body, have the right to divert water from its source to use on the riparian land, a right known as a "usufructuary" right...

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