Murrison

In 1998, Scott Edgar Murrison placed rocks and gravel across Big Creek in Trinity County to divert most of its flow into a ditch for use on Big Creek Ranch. He failed to give notice to the Department of Fish and Game (DFG) as required by Fish and Game Code section 1603. Murrison appeals the judgment enjoining him from diverting the creek without complying with Fish and Game Code section 1603.

Murrison asserts the amount diverted under his claimed pre-1914 appropriative water right in the waters of Big Creek cannot be limited by the application of the Fish and Game Code provisions. He also claims DFG cannot regulate his right to take water from Big Creek unless it pays him for his water rights. Murrison further claims the injunction is too broad. Finally, Murrison argues the trial court erred in assessing civil penalties.

Like owners of all property, Murrison’s rights, if any, to the waters of Big Creek are subject to reasonable regulation by the State of California, in this case to protect its fish and wildlife. That right does not allow him to substantially alter Big Creek free of regulation.

Murrison, however, protests too much too soon. At this point he has failed…