Whyler

Whyler v. Reclamation District No. 2047

Good Law
1928 Cal. App. LEXIS 118·89 Cal. App. 322·264 P. 572
Court of Appeal of CaliforniaFebruary 17, 1928Docket No. 3357.California419 words

Opinion

lead Opinion

Pullen, J.

This is an appeal by the plaintiffs from a judgment in favor of the defendant Reclamation District No. 2047. This was a reclamation district organized after the development of the rice industry in the upper Sacramento Valley had shown the necessity of the drainage from the lands within the district of surplus waters which had been artificially placed upon the lands for the irrigation of the lands devoted to rice culture.

The judgment complained of upholds the validity of an assessment on the lands of appellants lying within the exterior boundaries of the District.

Appellants argue that it is not within the scope of the powers of a reclamation district to provide drainage for artificial waters, such a function being provided for by the organization of a drainage district, but the grounds here urged, that the assessment for drainage purposes is invalid, were before the court in the case of Abel v. Reclamation Dist. No. 2047, 201 Cal. 451 [ 257 Pac. 504 ], which case involved the validity of an assessment for drainage purposes and was decided adversely to the contention of appellants in this case and it is to that extent binding upon this court.

The other objections of appellants…

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