Cate v. Sanford

Citations

• 54 Cal. 24

Syllabus

<p>Private Water Ditch.—An irrigating ditch, constructed, repaired and controlled by two or more persons, does not cease to be private property because the several persons interested in in have not accurately defined their rights therein, or in the waters flowing in it, nor because they have, by election, selected a person to distribute the water among them.</p> <p>Same—Dedication to Panne Use.—Such a mode of constructing and managing a ditch, though the irrigators be numerous, does not operate as a dedication to the public.</p> <p>Same—Statute, Construction of.—Held, accordingly, that such a ditch came under the exception in the 6th section of “ An Act to provide for and regulate irrigation in the Township of Los Nietos, in the County of Los Angeles.” (Stat. 1877-8, p. 374.)</p>