Barrows v. Fox

Citations

• 3 Cal. Unrep. 526
• 30 P. 768
• 1892 Cal. LEXIS 1068

Syllabus

<p>Waters — Waste.—Under Civil Code, Section 1411, providing that an appropriation of running water, to give a right to its use, must be for some useful or beneficial purpose, and that when the appropriator ceases to use it for such a purpose the right ceases, where it is adjudged that plaintiffs are entitled to a certain amount of water from a stream, and that defendants are entitled to the remainder, and it appears that plaintiffs have always used the water by means of a defective flume, the court may direct them to carry the water to which they are entitled by flume and pipe, so that the rest may not be wasted.</p> <p>Waters—Regulation by Court of Use.—Where, in an action to establish right to water in a stream, a court of equity finds, on sufficient evidence, that the parties have each certain rights in the stream, it may secure enjoyment of those rights by proper regulation of the use of the water.</p> <p>Waters—Injunction.—Where, in an Action to Establish a water right in a stream, defendants, claiming as appropriators, ask for an injunction to restrain plaintiffs from taking any water from the stream, it is permissible for defendants to show the effect on their lands, as to value, of a deprivation of water as asked by defendants, and that there is no other available water supply, since this might be necessary to entitle them to the relief asked.</p>