County of San Luis Obispo v. Ranchita Cattle Co.

Over the period of approximately four years prior to the trial of the eminent domain action here involved (March 18, 1968), the San Luis Obispo County Flood Control and Water Conservation District (hereafter District) had planned the construction of the Lopez Dam Project.

The District and the County of San Luis Obispo (hereafter County) entered into a joint powers agreement whereby the County, for the mutual benefit of its citizens and those of the District, agreed to condemn the necessary real property for the project.

On December 1, 1965, at the behest of the County, the District obtained from defendant Ranchita Cattle Company a written “Right of Access” agreement as follows:

Commencing on July 29, 1966, some eight months later, the District brought personnel and equipment onto the property and commenced to drill the first of three wells. The first well was dug to a depth of 33 feet; the second well was dug in August 1966 to a depth of 80 feet, and the third well was dug in late August of 1966 to a depth of 80 feet. The wells were cased and were dug for the primary purpose of searching for water, although the information obtained from the logs of the wells would be…