Farley v. Spring Valley Mining & Irrigating Co.

Citations

• 58 Cal. 142

Syllabus

<p>Water Rights under Act of Congress of July 26, 1866—Easement— Prescription—Preemption—Patent.—In an action to recover^damages for alleged injury to plaintiff’s lands caused by the flooding of them by respondent’s reservoir, and for an injunction, the plaintiff’s evidence showed that he settled, as a pre-emptor, upon a tract of, Government land, including the locus in quo, and on February 27th, 1871, duly filed his declaratory statement, and in 1877 proved up and paid for the land, and on January 23d, 1879, received his patent. The reservoir of defendant was constructed after the filing of the plaintiff’s declaratory statement in the year 1871.</p> <p>Held: The eighty acres claimed by the plaintiff were public lands of the United States until he proved up his claim and paid for the land in 1877; and under the Act of Congress of July 26th, 1866, entitled “An Act’granting the right of way to ditch and canal owners, etc.,” and the amendatory Act of July 9th, 1870, the defendant acquired the right to construct and use its reservoir on the public lands. This right was saved and excepted in the patent issued to the plaintiff; and a nonsuit was properly granted.</p>