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Environmental & Energy,
California Courts of Appeal

Apr. 9, 2021

Novel water rights opinion says use it or lose it

Ruling on a highly complex, decadeslong dispute over access to a Los Angeles water basin, the 5th District Court of Appeal affirmed lower court rulings that effectively bar nonpumping landowners from accessing their water rights.

Novel water rights opinion says use it or lose it
Acting Presiding Justice Rosendo Pena Jr. of the 5th District Court of Appeal wrote an 87-page opinion to settle decades old litigation over water pumping rights.

Landowners who continuously pumped water from a depleted Los Angeles water basin over the last two decades now have priority over landowners who didn't, a state appeals court ruled in a novel opinion published this week.

Ruling on a highly complex, decadeslong dispute over access to a Los Angeles water basin in the Antelope Valley, the 5th District Court of Appeal affirmed two lower court rulings which effectively bar nonpumping land...

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