People v. Glenn-Colusa Irrigation District

This action was brought to enjoin defendant from diverting water from the Sacramento River, through its irrigation canal, until such time as a fish screen is constructed and maintained, by defendant, so as to prevent the destruction of fish in consequence of such diversion.

Defendant demurred to the complaint upon the grounds that the court had no jurisdiction of the person of the defendant, nor of the subject of the action, that it did not state facts sufficient to constitute a cause of action, and that several causes have been improperly united, also for nonjoinder of parties defendant and for uncertainty.

The demurrer was overruled and defendant answered and a trial of said action being had, judgment was rendered for plaintiff and from this judgment defendant appealed.

The facts are substantially as follows: Appellant was organized in 1920 as an irrigation district. Upon its organization it took over the properties and water rights of the Sacramento West Side Canal Company and has ever since then, and is now furnishing water to lands within the boundaries of the district.

The amount of water diverted by appellant varies from 1600 to 1800 second-feet and is approximately…