In all actions which may be hereafter brought when an injunction or restraining order may be applied for to prevent the diversion, diminution or increase of the flow of water in its natural channels, to the ordinary flow of which the plaintiff claims to be entitled, the court shall first require due notice of the application to be served upon the defendant, unless it shall appear from the verified complaint or affidavits upon which the application therefor is made, that, within ten days prior to the time of such application, the plaintiff has been in the peaceable possession of the flow of such water, and that, within such time, said plaintiff has been deprived of the flow thereof by the wrongful diversion of such flow by the defendant, or that the plaintiff, at the time of such application, is, and for ten days prior thereto, has been, in possession of the flow of said water, and that the defendant threatens to divert the flow of such water; and if such notice of such application be given and upon the hearing thereof, it be made to appear to the court that plaintiff is entitled to the injunction, but that the issuance thereof pending the litigation will entail great damage upon defendant, and that plaintiff will not be greatly damaged by the acts complained of pending the litigation, and can be fully compensated for such damage as he may suffer, the court may refuse the injunction upon the defendant giving a bond such as is provided for in section five hundred and thirty-two; and upon the trial the same proceedings shall be had, and with the same effect as in said section provided.
§ 530.Notice of Application to Prevent Diversion, Diminution Or Increase of Flow of Water
Title 7. Other Provisional Remedies In Civil Actions · Chapter 3. Injunction · Last amended 1911 · Last verified July 28, 2026
In one sentenceSection 530 generally requires notice to the defendant before a court enjoins interference with a water flow, but excuses notice when the plaintiff's own affidavit shows recent peaceable possession of the water and a wrongful diversion or threatened diversion by the defendant.
Full Text of § 530
Plain-English Summary
Section 530 sets special notice rules for injunctions aimed at protecting a water flow. As a default, a court must require notice to the defendant before enjoining a diversion, diminution, or increase in the flow of water the plaintiff claims a right to. That default gives way in narrow circumstances tied to recent, verified facts.
If the plaintiff's verified complaint or affidavits show that, within the last ten days, the plaintiff was in peaceable possession of the water's flow and was wrongfully deprived of it by the defendant's diversion — or that the plaintiff currently is, and for the last ten days has been, in possession of that flow, and the defendant is threatening to divert it — the court can skip advance notice. Even then, if the defendant later shows up and the court finds the plaintiff is entitled to the injunction, but that issuing it during the litigation would cause the defendant great harm while the plaintiff could be fully compensated for any interim damage, the court has discretion to refuse the injunction if the defendant posts a bond under § 532.
This section is one of several provisions in this chapter — alongside §§ 531 and 532 — carrying forward notice and bond rules developed for water-rights and other specialized injunction disputes, distinct from the general TRO and preliminary injunction procedure in § 527.
Frequently Asked Questions
Does a plaintiff always have to give notice before getting an injunction over water diversion?
Generally yes, but § 530 allows the court to skip notice if the plaintiff's verified complaint or affidavits show recent peaceable possession of the water flow and a wrongful or threatened diversion by the defendant within the preceding ten days.
Can the court refuse the injunction even if the plaintiff is entitled to it?
Yes, if the court finds the injunction would cause the defendant great damage while the plaintiff can be fully compensated, the court may refuse it conditioned on the defendant posting a bond as described in § 532.
Amendment History
Amended by Stats. 1911, Ch. 733.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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