Wright

Here, we are asked to decide whether a trial court, in a judicial determination of a ground water dispute among private parties and public entities, may define or otherwise limit future ground water rights of an overlying owner who has not yet exercised those rights. We hold that it may not and reverse the judgment.

Facts

The Scenario

The instant case flows from an action for declaratory and injunctive relief filed in November 1973, by certain overlying landowners (Landowners) against the Goleta Water District (District) to determine relative rights to ground water use in the North and Central sub-basins (Central basin) of Santa Barbara County. District answered and filed a cross-complaint against over 220 other overlying owners and appropriators to enjoin overdrafting the Central basin.

The Cast

Landowners, holders of some legal or equitable interest in real property overlying the Central basin, claim prior, correlative rights to use of ground water.

District is a county water district organized in 1944 pursuant to California Water Code section 30000 et seq., which sells and distributes water to the general public throughout the district for domestic, commercial,…