California Codes, Code of Civil Procedure - CCP, Part 3 — Of Special Proceedings of a Civil Nature, Title 1 — Of Writs of Review, Mandate, and Prohibition, Chapter 5 — Rules of Practice and Appeals, Section 1110a
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.
Notes
Prohibits an appeal from staying a mandate order requiring delivery of irrigation water, so delivery must continue through final appeal determination. Exempts the defendant from furnishing water when connection expense is necessary unless the plaintiff posts a court-fixed bond to repay that expense, up to the bond amount, if the judgment is reversed.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 1110a | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-3/title-1/chapter-5/section-1110a