- 8 - 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 legalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011