Dow

Filed 5/31/22 Separate opinion from 2/23/22 opinion

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Lassen) ----

JAY DOW, as Trustee, etc., C091965

Plaintiff and Respondent, (Super. Ct. No. 4573)

v.

LASSEN IRRIGATION COMPANY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Lassen County, Leonard J. LaCasse, Judge. Reversed.

Kronick, Moskovitz, Tiedemann & Girard, Scott A. Morris and William T. Chisum, for Defendant and Appellant.

Brownstein Hyatt Farber Schreck and Bradley J. Herrema, for Plaintiff and Respondent.

This is our third opinion interpreting provisions of the 1940 Susan River Water Rights Decree (decree) as it pertains to disputes between Jay Dow, as trustee for the Dow-Bonomini 2013 Family Trust (trust), and Lassen Irrigation Company (Irrigation Company) regarding the water rights allotted in the decree. (See Dow v. Lassen Irrigation Co. (2013) 216 Cal.App.4th 766 (Dow I); Dow v. Honey Lake Valley Resource Conservation Dist. (2021) 63 Cal.App.5th 901 (Dow II).)

1 In this appeal, the Irrigation Company challenges the…