PREMO, Acting P. J.—
This is the second appeal concerning the rights to groundwater contained in the Santa Maria Valley Groundwater Basin (Basin). Appellants land owner group parties (LOG) are a group of landowners, mostly farmers, who extract groundwater for agricultural use.
The trial court amended its judgment by asserting that appellants' overlying rights to the Basin groundwater are "prior and paramount to any existing or future appropriative rights to the Basin groundwater" (italics omitted), but are "subject to the prescriptive rights of [respondents], as otherwise provided herein" (italics omitted). The judgment held that the City of Santa Maria had established a total prescriptive right of 5,100 acre-feet per year and Golden State Water Company had established a total prescriptive right of 1,900 acre-feet per year. These prescriptive rights, however, were perfected against the Basin aquifer as a whole. Therefore, only a proportionate amount of the prescriptive right could be exercised against appellants' overlying rights. The trial court determined that it did not need to specifically quantify the proportionate prescriptive rights that could be attributable to appellants. The trial court also determined that it was not necessary to reconsider the prevailing party determination or allocation of costs.
On appeal, appellants insist that the trial court's actions on remand were inadequate because quantification of the proportionate volume of the prescriptive loss that can be attributed to appellants is necessary in order to successfully quiet title. Further, appellants claim that they were the prevailing
The underlying litigation before the trial court encompassed multiple issues. One of the issues raised was whether appellants and the Wineman parties could quiet title to their rights in the overlying groundwater. (City of Santa Maria, supra, 211 Cal.App.4th at p. 298.) The trial court initially held that it could not quiet title to the overlying rights, because appellants and the Wineman parties had not attempted to show how much water they had pumped during the prescriptive period. (Ibid.)
On appeal, we concluded that appellants and the Wineman parties have title to the overlying land and respondents have prescriptive rights attached to a specified amount of the Basin groundwater.
On remand, the parties submitted briefing on the issue of whether quieting title required the trial court to quantify the proportion of the prescriptive loss attributable to each parcel owned by appellants and the Wineman parties. Appellants and the Wineman parties contended that quantification was necessary. Respondents claimed that quantification was not necessary until there was a shortage.
After considering the parties' arguments, the trial court agreed with respondents and found that quantification of the specific prescriptive loss was not required to quiet title. Accordingly, the trial court amended its judgment to state: "Subject to and limited by the adjustments for the amounts of native Basin groundwater lost to the prior prescriptive rights of the City of Santa Maria and GSWC as described in section 7(a), each of the LOG and Wineman Parties that filed quiet title actions has quieted title to the overlying rights to the Basin groundwater appurtenant to the properties listed as Exhibit 3, which rights are prior and paramount to any existing or future appropriative rights to the Basin groundwater. Such overlying rights shall be subject to the prescriptive rights of the City of Santa Maria and G[S]WC, as otherwise provided herein. Judgment to quiet title to such overlying rights is hereby entered with respect to the real property listed as Exhibit 3, with all other LOG and Wineman party causes of action having been dismissed." (Italics omitted.)
Originally, respondents were found to be the prevailing parties. As part of our limited remand from the first appeal, we directed the trial court to reconsider, if necessary, the prevailing party determination and allocation of costs. Appellants and the Wineman parties filed briefs arguing that due to this court's reversal, they were the prevailing parties on the quiet title cause of action and should therefore be entitled to costs.
Respondents filed a joint brief arguing that they, not appellants or the Wineman parties, were the prevailing parties notwithstanding this court's
The trial court determined that it did not need to reevaluate the prevailing party determination, noting that the substantial issues in the underlying case involved the "[respondents'] claimed prescriptive rights of the water producers, the effects of the Twitchell yield, the Northern Cities' claims and various monitoring and management issues." Further, the trial court noted that "[t]he record available to this court [did] not suggest that there was ever any real contest over whether appellants had overlying rights; the only real issue was proof of the quantity of the ground water rights for which ... there was a failure of proof."
Appellants argue that the trial court erred when it did not quantify the proportionate amount of the prescriptive loss that can be attributed to their parcels. They also argue that the amended judgment should be modified because, as currently read, the judgment can be misconstrued to give prescriptive rights a "super priority" over overlying rights. Lastly, appellants claim that they prevailed on their cause of action for quiet title. Therefore, appellants insist that they should be determined to be the prevailing party and be entitled to costs. As we explain below, we find no merit in any of appellants' arguments.
Appellants claim that the amended judgment fails to quiet title, because it does not quantify the proportionate prescriptive loss that can be attributed to each of their parcels. We disagree, and find that the trial court's judgment properly quieted title.
First, appellants claim quantification is necessary because prescriptive rights, unlike overlying rights, can be readily quantified. We agree with appellants' characterization of prescriptive rights.
Appellants claim that since prescriptive rights are fixed, the quiet title judgment cannot stand, because it fails to quantify these rights. Appellants, however, misconstrue the amended judgment. The prescriptive rights proved by respondents are quantified in the amended judgment, which declares that the City of Santa Maria established a total adverse appropriation of 5,100 acre-feet per year and Golden State Water Company established a total adverse appropriation of 1,900 acre-feet per year. As set forth in the judgment, these specific prescriptive rights will not change over time.
Respondents' prescriptive rights were perfected against the aquifer as a whole, not just against appellants' overlying rights. Therefore, the trial court determined that the prescriptive rights must be proportionately exercised against appellants' overlying rights. Appellants correctly assert that the amended judgment fails to specifically quantify the proportionate share of the prescriptive loss that can be attributable to each of them. Appellants claim that absent a quantification of their proportionate prescriptive loss, title cannot be quieted. We disagree.
When there is an overdraft or shortage, appellants, as overlying rights holders, would be awarded the full amount of their present and prospective beneficial use upon the land, less the amounts lost by prescription. (City of Santa Maria, supra, 211 Cal.App.4th at p. 300.)
For example, in City of L. A. v. City of Glendale (1943) 23 Cal.2d 68, our Supreme Court entered a judgment declaring that the plaintiff's pueblo rights to certain water sources were superior to the rights asserted by the defendants. (Id. at pp. 72, 82.) The defendants in City of L. A. argued that the trial court erred when it rejected the defendants' offer of proof that the plaintiff could satisfy all of its water needs from another aqueduct. (Id. at pp. 78-79.) Our Supreme Court found no error with the trial court's decision to refuse admission of this evidence, noting that the evidence, "if received for the purpose intended by the defendants, would have required the court to determine the amount of water necessary, and the amount available, for the plaintiff's present and future needs. It was not pertinent to the issues of an action to quiet title. In Cuyamaca Water Co. v. Superior Court [(1924)] 193 Cal. 584 [226 P. 604] ... this court said: `In the pending quiet title action it will not, of course, be determined that the city is or is not entitled to any particular quantity of water.... The subject matter of the action is the establishment of the priority of right, and not the quantity of water to be taken.' [Citation.] In the present actions the trial court was not called upon to determine the relative rights of the parties to any quantities of water or to peer into the future and detail in amounts the needs of the parties when the
Appellants insist that failure to ascertain the proportionate volume of the prescriptive rights that can be asserted against them will impair their ability to protect and enforce their overlying rights, will harm their enjoyment of the property, and will create a cloud on their title effecting the marketability and value of their properties. Further, they insist that the current judgment creates only an illusion of a quiet title judgment and that they should not be required to litigate the prescription issue in the future.
We do not find that the quiet title judgment provided here is merely an illusory remedy. Appellants receive a practical benefit from quieting title. The judgment confirms that their overlying rights are prior to all appropriators, except for the specified amount of prescriptive loss proved by respondents below. As we noted in the first appeal, this effectively prevents further
Appellants' claim that they would be unable to enforce their overlying rights due to the lack of specific quantification of respondents' prescriptive rights lacks merit. In times of surplus, such as the period that the Basin is presently undergoing, appellants would not be able to enjoin parties, including respondents, from appropriating water. (City of Pasadena v. City of Alhambra (1949) 33 Cal.2d 908, 926 [207 P.2d 17].) It is only in times of overdraft that respondents' prescriptive rights will become pertinent. At that time, appellants would not be required to litigate the prescription issue again. As we previously discussed, the amount of respondents' prescriptive rights has already been quantified.
Appellants' overlying rights, however, may have changed over time. Therefore, in times of future overdraft the parties would be required to determine their proportionate, correlative share of the Basin groundwater with other overlying rights holders. At that time, the proportionate prescriptive right that can be enforced against each of the parties would need to be quantified. Such need does not arise before then.
For the foregoing reasons we do not find that the trial court erred in its modification of the judgment on remand.
Appellants also claim that the amended judgment must be modified, because the use of the word "prior" in the following sentence in the amended judgment may cause confusion: "Subject to and limited by the adjustments for the amounts of native Basin groundwater lost to the prior prescriptive rights of the City of Santa Maria and GSWC as described in section 7(a), each of the LOG and Wineman Parties that filed quiet title actions has quieted title to the overlying rights to the Basin groundwater appurtenant to the properties listed...." (Italics added.)
Modification of the judgment is also not necessary because the LOG parties fail to demonstrate prejudice. "The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the opinion of said court, does not affect the substantial rights of the parties. No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury.... There shall be no presumption that error is prejudicial, or that injury was done if error is shown." (Code Civ. Proc., § 475.)
Appellants' assertion of prejudice is merely that in some hypothetical, future scenario the amended judgment may be misinterpreted. This is not sufficient to show prejudicial error warranting reversal or modification of the judgment.
Appellants maintain that the trial court erred when it did not redetermine the prevailing party on remand. Appellants claim that because we reversed the trial court's judgment and directed it to quiet title on remand, they are the prevailing party in the underlying action and should be awarded its costs.
We do not find the trial court abused its discretion when it chose not to disturb the original order finding that respondents were the prevailing parties. In the underlying litigation, appellants had sought to have their overlying rights declared paramount and had challenged the physical solution to protect and manage the Basin's groundwater, the sufficiency of evidence supporting the prescriptive rights obtained by respondents, and the trial court's allocation of return flows and salvaged water to respondents. (City of Santa Maria, supra, 211 Cal.App.4th at pp. 276-277.)
Although appellants obtained a reversal of the trial court's judgment, they did not obtain the primary relief they sought. Certainly, the quiet title judgment declares that appellants' overlying rights are subject to the prescriptive amounts proved by respondents at trial. However, the existence of appellants' overlying rights to Basin groundwater was never at issue. Overlying rights to groundwater are conferred to those who own the property. (City of Santa Maria, supra, 211 Cal.App.4th at p. 278.) Respondent's ownership of the overlying lands was never disputed. Rather, what was disputed was the existence of respondents' prescriptive rights, the validity of the physical solution, and the rights to return flows and salvaged water. We affirmed the trial court's judgment on all of these matters in the first appeal, which produced favorable results to respondents. Further, the trial court rejected all of appellants' claims to the "Northern Cities" area of the Basin. The trial court's judgment regarding the Northern Cities was not disturbed by our decision in the first appeal.
In essence, respondents, not appellants, obtained the primary relief they sought in the lawsuit. Accordingly, we affirm the trial court's order regarding prevailing parties.
The amended judgment and the order regarding the prevailing party are affirmed. Respondents are entitled to their costs on appeal.
Elia, J., and Grover, J., concurred.