Bear River & Auburn Water & Mining Co. v. New York Mining Co.

Citations

• 8 Cal. 327

Syllabus

<p>The first appropriate of water for mining purposes, is entitled to have the water flow, without material interruption, in its natural channel.</p> <p>He is entitled to the water so undiminished in quantity, as to leave sufficient to fill his canal or ditch, as it existed at the time of subsequent appropriations of the stream, above him.</p> <p>But as to the deterioration in the quality of the water, by reason of being used for mining purposes, before it reaches the ditch of the prior locator, it must be deemed damnum absque injuria.</p> <p>Any other rule would involve an absolute prohibition of the use of all the water of a stream above any ditch supplied by it, in order to preserve the quality of a small portion taken therefrom.</p>