County of Lake v. Smith

Opinion

PETERSON, J.

Prior judicial decisions have dealt with Clear Lake, a natural and navigable lake in Northern California. Its water level is subject to marked, seasonal fluctuations. Those prior decisions have recognized that, under normal conditions, the “minimum elevation” of the water level is approximated at zero elevation on the Rumsey Gauge, a measuring device placed in the lake in 1873 at the City of Lakeport.

This case presents the question of how the low-water mark of Clear Lake should be determined (as provided in Civ. Code, § 830) for purposes of establishing the common boundary…