Inns

Appellant San Juan Unified School District of Sacramento County owns 30 acres of land upon which a school has been built. The southwest corner of the school property adjoins the northeast corner of respondents’ property. Appellant’s land is higher than respondents’ land. In its natural state water drains from appellant’s land to that of respondents. When the school was built appellant’s land was graded, and for drainage purposes a 28-inch concrete pipe was placed below the surface of the land, in which location it gathered up water and discharged it onto respondents’ land. By its judgment the trial court awarded $3,000 damages to respondents and the district appeals.

The trial court found as follows: “That in a state of nature a swale transversed defendant’s property in the direction of its southwest corner which adjoins the northeast corner of plaintiffs’ land. This swale formed a natural medium for the delivery of storm water to plaintiffs’ land. Before defendant graded its property and erected a school in 1958 to 1959, the natural drainage from defendant’s property created considerable wetness along the easterly side of plaintiffs’ land. The swale however possessed inherent…