Pavich

Appellant, the Lamont Storm Water District of Kern County, filed a complaint seeking to have certain waters declared “flows within a natural watercourse” and, further, to have “the diversion of such flows” declared “an abatable public nuisance under the law of this State including by injunction.” The trial court entered judgment against appellant after it sustained a demurrer to appellant’s complaint. On appeal, we will conclude the trial court properly sustained the demurrer of respondent landowners and we will affirm the judgment.

Facts and Procedural History

Because this appeal comes to us after the trial court sustained respondents’ demurrer, we accept the facts as alleged in the complaint. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].)

For decades—possibly since the mountains were new—surface water in the Caliente Canyon watershed in the mountains of southern Kern County collected in various creeks, consolidated into Caliente Creek, and terminated in an alluvial cone on the floor of the San Joaquin Valley. In times of heavy rain or snowmelt, the alluvial cone was extensive, covering thousands…