If an appeal be taken from an order or judgment directing the issuance of a writ of mandate commanding a party to deliver water, for irrigation purposes, such appeal shall not stay the operation of the order, judgment or writ as to the delivery of such water, but such water must until the final determination of said appeal be delivered as commanded by said writ; provided, that if any expense is necessary to be incurred by the defendant in connecting the water supply with the land to be irrigated, said defendant shall not be obliged to furnish water unless the plaintiff shall provide a bond in such sum as the court may fix, conditioned that in the event of the judgment being reversed, plaintiff will pay defendant the amount of the expense so incurred not exceeding the amount of said bond.
§ 1110a.Order Or Judgment Commanding Person to Deliver Water For Irrigation Purposes Not Stayed By Appeal
Title 1. Of Writs of Review, Mandate, and Prohibition · Chapter 5. Rules of Practice and Appeals · Enacted 1919 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1110a keeps a writ of mandate commanding delivery of irrigation water in effect during an appeal, requiring continued delivery unless the plaintiff posts a court-set bond to cover the defendant's expense of connecting the water supply if the judgment is later reversed.
Full Text of § 1110a
Plain-English Summary
This section carves out a narrow, practical exception to the general rule that an appeal can pause enforcement of a judgment. When the order or judgment being appealed directs the issuance of a writ of mandate commanding a party to deliver water for irrigation, the appeal doesn't stay that delivery -- the water must keep flowing as the writ commands until the appeal is finally decided.
The Legislature balanced that against a defendant who might have to spend money connecting the water supply to reach the land being irrigated. If that expense is necessary, the defendant doesn't have to furnish the water unless the plaintiff first posts a bond, in an amount the court fixes, that protects the defendant: if the judgment is later reversed, the plaintiff pays back the defendant's connection expense, up to the bond amount.
The result is a rule tuned to a very specific harm -- crops or land that can't wait out an appeal -- while still giving the defendant financial protection if the appeal ultimately succeeds.
Frequently Asked Questions
Does an appeal stop a writ of mandate ordering delivery of irrigation water?
No. Section 1110a keeps the water delivery going during the appeal, unaffected by the pending appeal itself.
What if the defendant has to spend money to connect the water supply?
The defendant isn't required to furnish the water unless the plaintiff posts a bond, fixed by the court, to cover that expense if the judgment is later reversed.
What happens to the bond if the appeal succeeds and the judgment is reversed?
The plaintiff must pay the defendant the connection expense incurred, up to the amount of the bond.
Amendment History
Added by Stats. 1919, Ch. 358.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: irrigation water writ of mandate appeal californiaappeal stay water delivery mandate