Alhambra Addition Water Co. v. Richardson

Citations

• 2 Cal. Unrep. 722
• 12 P. 343
• 1886 Cal. LEXIS 879

Syllabus

<p>Waters — Irrigating Ditch — In j unction—Estopp el.—Plaintiffs derive title to the water of a canyon from W., who, while owner, represented to one of the defendants, who he knew was thinking of purchasing certain land, that the right to use water from said canyon therefor was appurtenant thereto. Defendant therefore purchased the land. Subsequently plaintiff’s grantors, in order to save waste, proposed to run a pipe across defendant’s land. Defendant assented on condition that the pipe should be so laid that he should be enabled to use therefrom the quantity of water to which he had theretofore been entitled. This was done, and defendants used the same until the bringing of this action. Held, that the plaintiff was estopped from interfering with the rights acquired by the defendants to the use of the pipe, and its appurtenances, as long as the same remain as conduit of the water over their land.</p>