Charles H. Butler and Judith K. Butler - Page 8

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            Pescadero property.  On June 22, 1988, the water control board                               
            issued a permit granting petitioners the exclusive right to use                              
            the water contained in the reservoir.                                                        
                  On August 22, 1988, petitioners initiated a lawsuit against                            
            Dell'Oca in the Superior Court of the State of California, San                               
            Mateo County (State court).  Petitioners alleged that they had                               
            suffered damages in the form of loss of agricultural income and                              
            damage to their livestock, wildlife, fish, and recreational use.                             
            In a second amended complaint, petitioners alleged that                                      
            Dell'Oca's alleged overconsumption of the reservoir water limited                            
            petitioners' ability to utilize the reservoir for fire                                       
            protection, fish and wildlife enhancement, stock watering,                                   
            recreation, domestic, and irrigation purposes or to entice                                   
            prospective lessees.  Petitioners also alleged that the value of                             
            the Pescadero property had been diminished.  Petitioners sought                              
            relief, among other things, through:  (1) A cause of action to                               
            quiet title to interest in water; (2) a cause of action to quiet                             
            title to interest in land; (3) a cause of action for declaratory                             
            relief regarding interest in land (prescriptive easement).                                   
                  On July 23, 1993, the State court entered final judgment                               
            apportioning the parties' use of the water.  Petitioners received                            
            the preponderance of the available water arising from the permit                             
            issued by the water control board.  The parties were limited in                              
            the amount of water they could procure although the legal                                    





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