Broder v. Natoma Water & Mining Co.

Citations

• 50 Cal. 621

Syllabus

<p>Bights of Ditch oh Pubdio Lands.—Persons who, under the local customs and decisions of the courts in California, had acquired a right to the use of water in a ditch, prior to the passage of the act of Congress of July 20, 1866, acquired by said act a right of way, and of the ditch through which the water was running, over the public lands, and the subsequent grantees of the United States take subject to the easement.</p> <p>Lands geanted to the Pacific Bailboad Companies.—The Pacific Bail-road Companies, by virtue of the acts of Congress of 1862 and 1864, granting them lands to aid in the construction of a railroad, did not acquire an equity in the land granted which State courts are bound to respect, until commissioners, appointed under the fourth section of the act, certified that the railroad and telegraph line had been completed on a subdivision examined by them.</p> <p>Idem.—The Pacific Bailroad Companies, by virtue of the acts of Congress of 1862 and 1864, granting them lands, did not acquire a right to abate ditches on such lands as a nuisance, provided the ditch had acquired a right to the use of water which was recognized by the local customs and decisions of the courts prior to the passage of the act of Congress of July 26, 1866, granting the right of way to ditch-owners over the public lands.</p>