Peoples Ditch Co. v. Foothill Irrigation District
Opinion
Lead Opinion
Marks, J.
On July 2, 1928, appellants filed this action in the court below, seeking, among other things, to restrain respondents, and particularly the Foothill Irrigation District, from taking, appropriating or diverting from the Kings River any of the waters thereof, and further, to restrain respondents from drilling wells upon a tract of land known as the Conejo Well Field, and from pumping and removing from a designated tract of land any of the underground water underlying the same for transportation or use off of said tract, or from lessening or diminishing in any manner the underground body of water beneath or adjacent to the channel of Kings River or beneath or adjacent to the ditches, canals or lands of appellants or their stockholders, upstream from the head of the canal of the Lemoore Canal and Irrigation Company.
On July 2, 1928, an order to show cause was issued, directed to respondents, in which they were required to show cause why they should not be “enjoined and restrained, pending the trial and final determination of this action, from taking, appropriating or diverting from said Kings river any of the waters thereof, or from pumping or removing from the tract of land…