Forni

Plaintiff appeals from the trial court’s judgment denying injunctive and/or declaratory relief.

On March 13, 1974, the State Water Resources Control Board (“Board”) initiated this action to enjoin certain vineyardists in the Napa Valley from drawing water directly from the Napa River to their vineyards for frost protection. The complaint charges that the direct diversion of water during the frost period extending from March 15 through May 15 each year constitutes an' unreasonable method of diversion within the meaning of article XIV, section 3, of the California Constitution and section 100 of the Water Code. This assertion is predicated upon allegations that the river flow during the frost season is insufficient to supply the instantaneous needs of all the vineyardists entitled to water. As a consequence, it is alleged, direct diversion during the frost season may at times dry up the’ river and deprive many of the vineyardists of water which they need to protect their vines from frost. Based upon similar allegations, the Board also sought redress by way of declaratory relief.

On September 24, 1974, respondents filed a motion for summary judgment, claiming inter alia…