OCR Text |
Show -28- and maintain pumps, ditches, conduits, and other drainage works, for draining any or all of the lands receiving water through the irrigation works of the Association. Indeed, we do not gather that appellants contest, either as owners of the waters or as shareholders of the Association, the right to dewater the waterlogged territory, but do object to the lowering of the underground water-level to a depth that will prevent crops and vegetation from receiving moisture by capillary attraction, and to the length of the contract, and to the unconditional disposition of the water, contending that the Association should retain the right to use water in case of need. The right to unwater being found, the depth thereof, the term of the contract, and disposition of water become matters largely of detail, and unless clearly shown to invade some right of the appellants should be left to the determination of the Association. Bethune v. Salt River Valley Water Users' Assn., supra." For the reasons set forth herein, it is my opinion that the defendant is entitled to have the temporary injunction dissolved and the relief prayed for in plaintiffs' complaint denied. It is not necessary for me to pass upon the questions raised by the defendant as to the jurisdiction of this court for the reason that I find from the merits of the case that the relief prayed for should be denied. Done in open court this 16 day of April, 1937. /s/ E. W. McFarland Judge. |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |