State of California v. Oroville-Wyandotte Irrigation District

409 F.2d 532 The STATE OF CALIFORNIA, Acting By and Through the DEPARTMENT OF WATER RESOURCES, Appellant, v. The OROVILLE-WYANDOTTE IRRIGATION DISTRICT, an irrigation district, and the California Public Utilities Commission, a public commission, Appellees. No. 22126. United States Court of Appeals Ninth Circuit. March 28, 1969. 1 Richard D. Martland (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Iver E. Skjeie, Deputy Atty. Gen., Sacramento, Cal., for appellant. 2 Timothy E. Treacy (argued), Mary M. Pajalich, Roderick B. Cassidy and Harley C. Hardesty, San Francisco, Cal., William Schwarzer (argued), McCutchen, Doyle, Brown & Enersen, san Francisco, Cal., for appellees. 3 Before POPE and CARTER, Circuit Judges, and BYRNE, District Judge. 1 BYRNE, District Judge: 4 The plaintiff, Department of Water Resources, appeals from a judgment dismissing its action seeking declaratory and injunctive relief. The dispute involves the potential effect of the Department's Oroville Dam Project upon defendant. Oroville-Wyandotte Irrigation District's South Fork Project. The latter project includes the Miners Ranch Canal and a communication line and maintenance road running along the…