Eddy v. Simpson

Citations

• 3 Cal. 249

Syllabus

<p>The foundation of a right to water is the first possession; and this right is usufructuary, and consists not so much in the fluid itself, as in its use. The owner of land over which it flows has the right to its use during its passage. This right is not in the corpus of the water, and only continues with its possession.</p> <p>When the water of a stream leaves the possession of a party, all his right to and interest in it, is gone.</p> <p>If the water of stream A. be diverted from its natural channel by C. and used by him, and then flows from his works into stream B. by natural channels, it is lost to the first possessor, and he cannot reclaim it on the ground that the water of stream B. was increased by his means.</p> <p>If the water of stream B. be in the possession of another party, D., the addition made to it, flowing from the works of C., becomes a part of the body of water, and D. has the right to its possession and use, and C. has no ^íght to withdraw it.</p>