People Ex Rel. Department of Public Works v. Stowell

GRIFFIN, J.

Plaintiff and appellant brought this action under section 725, subdivision (b), of the Streets and Highways Code, against defendants and respondents to restrain obstruction of a claimed natural water channel.

Defendants own three 40-acre sections of land near Mecca, on Highway 195, commonly known as Box Canyon Road, a secondary highway which crosses said property in an east-west direction. The slope of the land in this vicinity and the natural drainage is from the mountains to the north, in a general southerly direction toward the Saltón Sea. This was formerly a county road taken over by the state, and from

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the earliest days until about 1945, the entire road was constructed at grade. The terrain is of typical desert type and typical desert rainfall from infrequent storms is encountered in this area. The average rainfall is about 3 inches per year. It appears from the testimony that about the year 1945 there was flood damage to that entire area due to an excess of rain, and after the water crossed the highway at the point here involved a gulch about 10 feet deep resulted in the center of the road, running through the lower or southerly portion of defendants’ land a short distance, and then spreading out into an alluvial fan toward the Saltón Sea. It inundated the south half of the road to that depth. No such washing was indicated north of the highway. The greatest depth of any channel did not show a measurement of over 12 inches in that northern section. Thereafter plaintiff dug a dip in the road approximately 10 feet deep, 300 feet long, and about 22 to 24 feet wide, and then traffic passed through this dip.

In 1946, the Flood Control Works of the Coachella Valley Canal were completed. This construction was in progress in 1945, and its purpose was to protect not only the main (All American) Canal to the Coachella Valley but also the lands, utilities, railroads, and highways, and other properties below the canal from overflow damage from storm waters or surface waters. This project lies approximately

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miles north of Highway 195, from the point here involved and effectually disposes of both surface and flood waters from a range of rocky and barren mountains to the north. The only waters involved in this action are those originating south of the canal and north of and on Highway 195, and covering an area of approximately 325 acres. In July, 1953, defendants acquired their property. They were assessed $5.00 per acre per year for each acre available for irrigation purposes, whether the water was used or not. As soon as the water was made available defendants proceeded to level their land for agricultural purposes. There was no controversy until defendants, in preparing their land to the south for planting operations, and believing that all possible flow and drainage difficulties had been solved by the construction of the Flood Control Works, constructed a large bank of earth referred to as a dike, across the old channel or watercourse adjacent to the south side of the dip in the highway. It closed off the wash at that point. This resulted in a dip in the road with embankments on both sides of it of ap