Modesto Properties Co. v. State Water Rights Board

This is an appeal by Modesto Properties Company from an order of the trial court denying appellant’s petition for a writ of mandate to revoke a permit previously issued by the State Water Rights Board to appropriate water from the Livingston drain which runs across the land of appellant and Charles Harney, the real party in interest.

The facts are essentially uncontroverted, and the case was submitted to the superior court on the record of the proceedings before the board. From such record it appears that the board granted Harney the permit on the theory that it had jurisdiction over all water…