In any action brought by a riparian owner to enjoin the diversion of water appropriated or proposed to be appropriated, or the use thereof, against any person or persons appropriating or proposing to appropriate such waters, the defendant may set up in his answer that the water diverted or proposed to be diverted is for the irrigation of land or other public use, and, in such case, he shall also in such answer set forth the quantity of water desired to be taken and necessary to such irrigation of land or the public use, the nature of such use, the place where the same is used or proposed to be used, the duration and extent of the diversion or the proposed diversion, including the stages of the flow of the stream at and during the time in which the water is to be diverted, and that the same may be diverted without interfering with the actual and necessary beneficial uses of the plaintiff, and that such defendant so answering desires that the court shall ascertain and fix the damages, if any, that will result to the plaintiff or to his riparian lands from the appropriation of the water so appropriated or intended to be appropriated by defendant. The plaintiff may serve and file a reply to the defendant's answer stating plaintiff's rights to the water and the damage plaintiff will suffer by the defendant's taking of the water, and plaintiff may implead as parties to the action all persons necessary to a full determination of the rights of plaintiff to the water and the damages plaintiff will suffer by the proposed taking by defendant, and the court shall have jurisdiction to hear and determine all the rights to water of the plaintiff and other parties to the action, and said parties shall have a right to state and prove their rights, and shall be bound by the judgment rendered the same as though made parties plaintiff at the commencement of the action. Upon the trial of the case the court shall receive and hear evidence on behalf of the respective parties, and if the court finds that the allegations of such answer are true as to the aforesaid matters, and that the appropriation and diversion of such waters is for irrigation of land or other public use and that, after allowing sufficient water for the actual and necessary beneficial uses of the plaintiff and other parties, there is water available to be beneficially appropriated by such defendant so answering, the court shall fix the time and manner and extent of such appropriation and the actual damages, if any, resulting to the plaintiff or other parties on account of the same, and in fixing such damages the court shall be guided by Article 5 (commencing with Section 1263.410) of Chapter 9 of Title 7 of Part 3, and if, upon the ascertainment and fixing of such damages the defendant, within the time allowed in Section 1268.010 for the payment of damages in proceedings in eminent domain, shall pay into court the amount of damages fixed and the costs adjudged to be paid by such defendant, or give a good and sufficient bond to pay the same upon the final settlement of the case, the injunction prayed for by the plaintiff shall be denied to the extent of the amount the defendant is permitted to appropriate, as aforesaid, and the temporary injunction, if any has been granted, shall be vacated to the extent aforesaid; provided, that any of the parties may appeal from such judgment as in other cases; and provided, further, that if such judgment is in favor of the defendant and if he upon and pending such appeal shall keep on deposit with the clerk of said court the amount of such damages and costs, or the bond, if it be given, so awarded to be paid to the plaintiff or other parties in the event such judgment shall be affirmed, no injunction against the appropriation of the amount the defendant is permitted to appropriate as aforesaid shall be granted or enforced pending such appeal, and, upon the acceptance by the plaintiff or other parties of such amount so awarded or upon the affirmation of such decision on appeal so that such judgment shall become final, the defendant shall have the right to divert and appropriate from such stream, against such plaintiff or other parties and his successors in interest, the quantity of water therein adjudged and allowed. Upon the filing of such answer as is herein provided for, the parties plaintiff or other parties and defendant shall be entitled to a jury trial upon the issues as to damages so raised, as provided in Title 7 (commencing with Section 1230.010) of Part 3, applying to proceedings in eminent domain.
§ 534.Defendant's Answer In Action By Riparian Owner to Enjoin Diversion Or Use of Water Appropriated
Title 7. Other Provisional Remedies In Civil Actions · Chapter 3. Injunction · Last amended 1975 · Last verified July 28, 2026
In one sentenceSection 534 lets a defendant sued by a riparian owner to enjoin a water diversion answer with a detailed plan for using the water for irrigation or another public purpose, triggering a court process that sets damages, allows a jury trial on them, and lets the defendant appropriate the water on paying or bonding those damages instead of being enjoined.
Full Text of § 534
Plain-English Summary
Section 534 sets out a specialized answer procedure for a narrow kind of water case: a riparian owner suing to stop someone from diverting or using water the defendant has appropriated, or proposes to appropriate. Instead of merely denying the plaintiff's claims, the defendant can answer by describing a plan to use the water for irrigation or another public use — specifying the quantity needed, where and how it would be used, and the timing and extent of the diversion — and asking the court to fix whatever damages the plaintiff would suffer from that use.
The plaintiff can reply, assert his or her own water rights and anticipated damages, and bring in other people whose water rights are affected, binding them to the judgment as though they had been parties from the start. Both plaintiff and defendant are entitled to a jury trial on the damages issue, following the same procedure used in eminent domain cases. If the court finds the defendant's answer true and that water remains available for beneficial use after protecting the plaintiff's needs, it fixes both the terms of the defendant's appropriation and the damages owed.
The remaining mechanics work like a condemnation case: if the defendant pays or bonds the fixed damages and costs within the eminent domain payment deadline, the injunction is denied (and any temporary injunction already granted is vacated) to the extent of the appropriation the defendant is allowed. That result can be preserved through an appeal if the defendant keeps the damages or bond on deposit while the appeal is pending, at which point the defendant gains the right to divert the adjudicated quantity of water against the plaintiff and successors in interest.
Frequently Asked Questions
What can a defendant do besides contesting a riparian owner's claim outright under this section?
The defendant can answer by describing a plan to divert the water for irrigation or another public use, asking the court to fix the damages that use would cause the plaintiff.
Is there a jury trial on the damages issue?
Yes. Section 534 gives both the plaintiff and defendant a right to a jury trial on damages, following eminent domain procedure.
What happens if the defendant pays the damages the court awards?
The injunction against the appropriation is denied to the extent allowed, and any temporary injunction already in place is vacated to that same extent.
Can this result be preserved while the losing party appeals?
Yes, if the defendant keeps the damages or bond on deposit with the court pending appeal, no injunction against the permitted appropriation will be granted or enforced during that appeal.
Amendment History
Amended by Stats. 1975, Ch. 1240.
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
Also known as: riparian owner injunction water diversion californiaanswer to enjoin water appropriation california