Johns

Clark's Fork Reclamation District 2069 v. Johns

Good Law
1968 Cal. App. LEXIS 1979·259 Cal. App. 2d 366·66 Cal. Rptr. 370
Court of Appeal of CaliforniaFebruary 23, 1968Civ. 23948California1,559 words

Opinion

Opinion

Draper, J.

This is an action (Wat. Code, §§ 50440, 50979; Code Civ. Proc., §§ 860-870) to determine the validity of the proceedings for the organization of plaintiff district, the proceedings of its governing board authorizing execution of two contracts which are the subject of dispute, and the provisions of those contracts. The two contracts in issue are between the United States, on the one hand, and some 24 districts and mutual water companies which have rights to divert waters of the Kings River, on which the United States has constructed the Pine Flat Dam and Reservoir for flood control, irrigation and other water conservation purposes. The dam is a part of the Central Valley Project. The action was brought against “all persons interested” (Code Civ. Proc., § 861.1). Only appellant Johns contested the action. His demurrer to the complaint was overruled. He answered, alleging that he owns land within plaintiff district which is riparian to the Kings River, and is an assesses of the district: Plaintiff moved for judgment on the pleadings and, after extensive memoranda were submitted by both sides, the motion was granted. Johns appeals.

Appellant’s contention here, as in the trial court,…

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