Nicoll v. Rudnick

Opinion

KANE, J.

In the 1860’s, J.W. Nicoll constructed a three-mile-long ditch (the Nicoll Ditch) to convey water from the south fork of the Kern River to his 300.5-acre property. A 1902 judgment confirmed his right to appropriate a defined quantity of water from the Kern River through the Nicoll Ditch for use on the property. The subject property consisted of two contiguous parcels of land—an upslope parcel of 142.79 acres referred to as Nicoll Ranch, and a downslope parcel of 157.70 acres referred to as Nicoll Field. In 1933, the parcel known as Nicoll Field was foreclosed on by the bank,…