Wilbur D. May v. Nevada Irrigation District, an Irrigation District Organized and Existing Under the Laws of California

May brought this diversity action in 1968 seeking a declaration that the Nevada Irrigation District (NID) is contractually bound to provide him with irrigation water at an annual rate of six dollars per acre. The district court sitting without a jury found that the easement which had been granted in exchange for the right to water at that rate had terminated' in 1949. In that year title to the easement vested in the United States, which had previously acquired title to the underlying estate. The court held for NID.

May appealed, and in 1971 the cause was remanded for consideration of California Civil Code § 1431. On remand, the district court affirmed its earlier decision.

FACTS

May owns some 1,760 acres, across which runs a water canal known as the Tarr Ditch. The ditch, approximately 35 miles long, is located in Nevada and Yuba Counties, California. It was constructed by NID’s predecessor in interest, the New Blue Point Mining Company, to supply water for placer mining.

In 1918, following litigation over the water rights, Jacob Weissbein, as trustee for the mining company, had an agreement with 12 landowners to confirm a right of way for the ditch across their properties. In…