Nipomo Cmty. Servs. Dist. v. Adam

• Decision Date: 21 December 2012
• Docket Number: H032750.
• Parties: NIPOMO COMMUNITY SERVICES DISTRICT et al., Cross-defendants and Respondents. [And three other cases.] GOLDEN STATE WATER COMPANY et al., Cross-defendants, Cross-complainants and Respondents NIPOMO COMMUNITY SERVICES DISTRICT et al., Cross-defendants and Respondents. [And three other cases.] CITY OF SANTA MARIA et al., Cross-complainants, Cross-defendants and Respondents, v. RICHARD E. ADAM et al., Cross-defendants, Cross-complainants and Appellants
• Court: California Court of Appeals Court of Appeals

211 Cal.App.4th 1090

NIPOMO COMMUNITY SERVICES DISTRICT et al., Cross-defendants and Respondents. [And three other cases.]

GOLDEN STATE WATER COMPANY et al., Cross-defendants, Cross-complainants and Respondents

NIPOMO COMMUNITY SERVICES DISTRICT et al., Cross-defendants and Respondents. [And three other cases.]

CITY OF SANTA MARIA et al., Cross-complainants, Cross-defendants and Respondents,

v.RICHARD E. ADAM et al., Cross-defendants, Cross-complainants and Appellants

No. H032750.

Court of Appeals of California, Sixth District.

December 21, 2012.

[Modification of opinion (211 Cal.App.4th 266;___ Cal.Rptr.3d ___), upon denial of rehearing.]

THE COURT. —

IT IS ORDERED that the opinion filed herein on November 21, 2012, be modified as follows and the petition for rehearing is DENIED:

On page 11, first paragraph of section III.C. [211 Cal.App.4th 283, advance report, 1st full par., line 6], insert as the fourth and fifth sentences:

The trial court found that Basin groundwater levels had been declining between 1945 and the late 1960's and that statistical compilations of annual inflow, seaward outflow (which prevents salt water intrusion), and extractions demonstrated that "in all the years from 1944 through 1962 (and beyond)" extractions had substantially exceeded the "native yield."

The full paragraph shall now read:

In light of the Stipulation, the phase IV trial involved only appellants and the public water producers. Among the issues to be tried were the prescriptive rights claims of the public water producers and the legality of the Stipulation's allocation of the Twitchell Yield. In its phase IV statement of decision, the trial court reversed its previous conclusion rejecting the public water producers' prescriptive rights claim. The trial court found that Basin groundwater levels had been declining between 1945 and the late 1960's and that statistical compilations of annual inflow, seaward outflow (which prevents salt water intrusion), and extractions demonstrated that "in all the years from 1944 through 1962 (and beyond)" extractions had substantially exceeded the "native yield." The court found that the undisputed evidence showed that, even though the Basin had not suffered permanent adverse effects, the Basin had been in overdraft at least during the years 1944 through 1951, 1953 through 1957, and 1959 through 1967, and, throughout those periods, Santa Maria and GSWC had continued to pump water. The court also found "that even after the Twitchell...