Alhambra Addition Water Co. v. Mayberry

Citations

• 88 Cal. 68
• 25 P. 1101
• 1891 Cal. LEXIS 646

Syllabus

<p>Water Rights — Public Lands — Division of Stream by Occupants — Validity of Contract. —The sole occupants of lands bordering upon a stream which, after leaving the lands of the occupants, flows upon lands belonging to the government of the United States, have the right to appropriate the entire stream for any beneficial purpose, and may make a lawful contract dividing the entire flow between themselves.</p> <p>Id.—Riparian Rights — Subordination to Contract.—If, after making the contract for division of the flow of the stream, an occupant of land bordering on the stream, or his successor in interest, acquires title to other land below on the stream, his riparian rights are subordinated to the rights granted to the occupant of the lands above him, and if his successor in interest claims any rights under the contract, he cannot claim any riparian rights inconsistent therewith.</p> <p>In. — Construction of Contract. — The contract in this case construed, and held to indicate the intention of the parties to divide between themselves the entire flow of the stream.</p> <p>Id. — Deed ■— Reservation-— Right to Develop Water. — A reservation of water rights acquired by the owner of land under a contract for the division of the flow of a stream, made in a grant of part of the land, does not entitle the grantor to develop water on the land granted, by the digging of wells or the running of tunnels, or preclude the grantee from so developing water, so long as he does not interfere with or perceptibly diminish the flow of the stream.</p>