De Necochea v. Curtis
Citations
- 80 Cal. 397
- 22 P. 198
- 1889 Cal. LEXIS 927
Syllabus
<p>Water Rights—Appropriation by Ditch—Non-compliance with Code — Riparian Rights op Subsequent Pre-emptioner — Act op 1866. — Under the act of Congress of July 16, 1866, a prior appropriator of a water right, who diverts the water from its natural channel by means of a completed ditch prior to the vesting of any rights in a subsequent pre-emptioner of the land over which the water would naturally flow, is protected to the extent and in the manner of such actual and completed diversion, against any riparian rights of the subsequent preemptioner, notwithstanding the failure or neglect of the prior appropriator to comply with the Civil Code as to the posting and record of a notice of appropriation of the water right.</p> <p>Id.—Construction op Civil Code—Notice op Appropriation op Water Right — Relation — Effect of Diversion — Subsequent Appropriation. —The object of the legislature in prescribing in section 1415 of the Civil Code that a notice of appropriation of a water right is to he posted and record thereof to be made, and in section 1416 that work is to he commenced for diversion of the water within sixty days after the posting of the notice, and to be diligently prosecuted thereafter, fete., is merely, as declared in section 1418, to enable the claimant to avail himself of the doctrine of relation as against an intervening appropriator. After the diversion of the water has been completed, and the same has been applied to a beneficial use, the appropriator has a perfect right to the water appropriated, against all the world except the owner of the soil, and those claiming adversely who have complied with the law. Whether a subsequent appropriator could at any time after the completion of the diversion by the prior appropriator take the water ' away from the latter by complying strictly with the code is not decided.</p>
Judges: Beatty, Belcher, McFarland
Read full opinion on CourtListenerCited by
22 cases in this archive cite this case; the 20 most cited are listed.
- City of Pasadena v. City of AlhambraCalifornia Supreme Court· 1949-06-03· cited 130×
- Meridian, Ltd. v. City & County of San FranciscoCalifornia Supreme Court· 1939-05-05· cited 60×
- McRose v. BottyerCalifornia Supreme Court· 1889-10-12· cited 37×
- Morris v. BeanU.S. Circuit Court for the District of Montana· 1906-05-08· cited 35×
- Fullerton v. State Water Resources Control BoardCalifornia Court of Appeal· 1979-03-19· cited 31×
- Wells v. MantesCalifornia Supreme Court· 1893-10-02· cited 29×
- Ramelli v. IrishCalifornia Supreme Court· 1892-09-20· cited 26×
- Sand Point Water & Light Co. v. Panhandle Development Co.Idaho Supreme Court· 1905-11-10· cited 24×
- Santa Paula Water Works v. PeraltaCalifornia Supreme Court· 1896-05-27· cited 22×
- Drake v. EarhartIdaho Supreme Court· 1890-03-06· cited 21×
- Williams v. HarterCalifornia Supreme Court· 1898-05-31· cited 15×
- Brosnan v. HarrisOregon Supreme Court· 1901-08-05· cited 15×
- Burgett v. CalentineNew Mexico Supreme Court· 1952-03-20· cited 13×
- Farmers Dev. Co. v. Rayado L. & I. Co.New Mexico Supreme Court· 1923-01-15· cited 12×
- Watterson v. SaldunbehereCalifornia Supreme Court· 1894-01-17· cited 11×
- Bagnell v. LemeryMontana Supreme Court· 1983-01-27· cited 10×
- Burrows v. BurrowsCalifornia Supreme Court· 1890-01-27· cited 10×
- Taylor v. AbbottCalifornia Supreme Court· 1894-07-26· cited 8×
- Quinlan v. CalvertMontana Supreme Court· 1904-07-08· cited 6×
- Ely v. FergusonCalifornia Supreme Court· 1891-09-14· cited 5×
Cites
10 cases in this archive are cited by this case.
- Lux v. HagginCalifornia Supreme Court· 1886-04-26· cited 265×
- Broder v. Water Co.Supreme Court· 1879-11-24· cited 109×
- Barnes v. SabronNevada Supreme Court· 1875-07-15· cited 54×
- Osgood v. El Dorado Water & Deep Gravel Mining Co.California Supreme Court· 1880-07-01· cited 35×
- Lobdell v. SimpsonNevada Supreme Court· 1866-07-01· cited 28×
- Ortman v. DixonCalifornia Supreme Court· 1859-07-01· cited 22×
- Himes v. JohnsonCalifornia Supreme Court· 1880-08-22· cited 15×
- Hill v. KingCalifornia Supreme Court· 1857-07-01· cited 13×
- Ware v. WalkerCalifornia Supreme Court· 1886-09-02· cited 10×
- Farley v. Spring Valley Mining & Irrigating Co.California Supreme Court· 1881-07-01· cited 8×
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