![]() ![]() In the court below this property was referred to as the Santa Margarita ranch, and will be so referred to in this opinion. The respondent is the owner of a tract of land situated in San Diego County originating in a single Mexican grant known as the Santa Margarita y Las Flores rancho, containing 133,440 acres. The trial court determined that respondent was reasonably entitled to 75 per cent of the flow of the main stream, and that appellants were entitled to 25 per cent, and during the specified months of low flow enjoined appellants from using more than 25 per cent of the flow of the main stream measured as provided in the judgment.īefore discussing the issues presented on this appeal a brief description of each of the parties' properties, and of the river and its tributaries should be given. The respondent brought this action primarily to secure a declaration of its riparian rights in the waters of the Temecula-Santa Margarita River, and its tributaries, and for an injunction to prevent appellants from using more than their reasonable share of the waters of the stream. The correctness of this phase of the judgment is conceded. Among other things the rights of certain interveners were involved below and determined by the judgment. The briefs of the parties total over 2,000 pages.Īn examination of the pleadings and the record demonstrates that many issues were contested below that are now abandoned by appellants on this appeal. The cause below was tried over a period of three years, and actually consumed 444 court days. The voluminous record presented for review is to be found in 11 printed volumes, supplemented with 4 large volumes of exhibits. At the outset it should be mentioned that on this appeal the questions presented for review all pertain to the rights of the parties as riparians. Hunsaker, Britt & Cosgrove and Cosgrove & O'Neil for Respondent.ĭefendants appeal on a bill of exceptions from a judgment adjudicating the water rights of plaintiff and defendants in and to the waters of the Temecula-Santa Margarita River and its tributaries, located in Riverside and San Diego Counties, and enjoining defendants from interfering with the flow of the river except as provided in the judgment. RANCHO SANTA MARGARITA (a Corporation), Respondent, v. ![]()
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