Baxter v. Gilbert

Citations

• 125 Cal. 580
• 58 P. 129
• 1899 Cal. LEXIS 905

Syllabus

<p>Water Rights—Claim of Surplus Waters—Interference with Natural Flow of Stream—Injunction.—Where it appears that the respondents as plaintiffs and the nonappealing defendants were entitled to all the waters of a creek and its tributary, which naturally- flow within the banks of the creek, the appellants, claiming an overflow of surplus waters, cannot tap the creek at a point above which there- is no overflow of surplus waters, so as to take the water of lakes forming a source of supply to the creek, and to interfere with the quantity of water usually flowing in the natural channel of the creek; and they were properly enjoined from so doing by the judgment appealed from.</p>