Governor Jerry Brown's plan for water diversion tunnels under the Delta has sparked a court battle that's now going to the state's highest court.

This court case is seen as defining battle in a war between the Brown administration, the California Department of Water Resources, and about 150 property owners in the Delta who insist the DWR must condemn the land they want for testing and provide the legally mandated financial compensation.

The California Supreme Court justices agreed to hear the case after a lower court ruled in favor of the property owners.  

State water officials don't want to go condemn and pay for land they may not need for preliminary work on the Delta tunnel project, which is meant to divert water to Central and Southern California.