People v. Shirokow

Opinion

MOSK, J.

The State of California appeals from a judgment denying its request for an injunction against defendant for his unauthorized diversion of water.

In this case of first impression we are asked to decide the circumstances under which the state may obtain an injunction pursuant to *304Water Code section 1052.1 Our key inquiry is whether defendant’s use of water is subject to the appropriation procedures of the code, so that failure to comply provides grounds for injunctive relief.2 Defendant asserts his use of water, though unauthorized by the State Water Resources Control Board…