McClatchy

This is an appeal from an order denying appellants’ motion for a change of the place of trial from San Joaquin County to Fresno County.

The action is for the abatement of an alleged public nuisance and for an order restraining the defendants from doing any of the acts mentioned in the complaint, and is brought under the provisions of an act of the legislature in effect August 10, 1913. (Stats. 1913, p. 252.) The act provides for the creation of a drainage district to be known as Sacramento and San Joaquin Drainage District, describing its boundaries, the appointing of a reclamation board for the management and control of said district, defining the powers and duties of the reclamation board, and for the prevention of the diversion of the waters of any stream into the Sacramento and.San Joaquin Rivers. Section 12 of the act declares that the board shall have power “to maintain actions to restrain the diversion of the waters of any stream that will increase the flow of water in said Sacramento or San Joaquin Rivers or their tributaries, and such diversion .of the waters of any stream into said rivers or any of their tributaries is hereby declared to be a public nuisance which may…