Archive for November, 2016

California appellate court holds State lacks possessory interest in groundwater

Monday, November 14th, 2016

The California Third District Court of Appeal in People v. Davis (2016) 3 Cal.App.5th 708, overturned a theft conviction for illegally diverting groundwater. Although groundwater is held in public trust by the State of California, the court held that it is not owned by the State in a possessory sense such to support a larceny charge.

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