California Appellate Tracker

Orange Cove Irrigation Dist. v. Los Molinos Mutual Water Co.

January 29, 2019

A 1920 consent decree did not bar riparian rights holders from transferring their water allotment outside the source’s watershed, so long as they only did so outside of the April-October irrigation season.

This decision interprets a 1920 consent decree declaring rights in water from Mill Creek in Tehama County. The decree allowed water rights owners to use their allotments in any manner except during the irrigation season when the water master, now Los Molinos, allocates the creek’s waters among the water rights owners. This decision holds that outside the April-October irrigation season, water rights owners may use their water rights to transfer water outside Mill Creek’s watershed and without prior approval of the water master.

California Court of Appeal, Third District (Hull, Acting P.J.); December 12, 2018; 30 Cal. App. 5th 1

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Orange Cove Irrigation Dist. v. Los Molinos Mutual Water Co.

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