Hanson v. McCue

Citations

• 42 Cal. 303

Syllabus

<p>Law of Underground Currents of Water.—Where underground currents of water, flowing in defined channels, are shown to exist, the rules of law which govern the use of similar streams flowing upon the surface of the earth, are applicable to them.</p> <p>Springs Presumed to be Supplied by Percolation.—In a controversy respecting the use of the waters of a spring, where there was nothing to show that it was supplied by any defined flowing stream; held, that it must he presumed to be formed by the ordinary percolations of water in the soil.</p> <p>Percolating Waters Belong to Owner of Soil.—Waters filtrating or percolating in the soil belong to the owner of the freehold—like the rocks and minerals found there; and he may use them as he chooses, free from any usufructuary rights of others.</p> <p>Bights of Owners of Springs of Water.—Where the owner of a spring of living water, supplied by percolation only, and having no natural channel or outlet, constructed an artificial channel, by means of which he conducted the water over certain intermediate vacant lands to his residence, and a subsequent occupant of a portion of the intermediate land enjoyed the use of the Tvater flowing through the channel for fifteen, years; held, that such occupant acquired no rights as against the owner of the spring, and could not prevent him from tapping such spring and using all its waters for his own profit.</p> <p>No Presumption of Grant of Basement against one not called on to Complain.—Where water, after leaving a spring supplied by percolation alone, was conducted by an artificial channel to premises below and there appropriated; held, that as the owner of the spring had no right to complain of such appropriation helow him, the fact that he did not complain for fifteen years and upwards would not create any presumption of a grant of an easement as against him, nor prevent him from using all the water of his spring as he pleased.</p> <p>Reasons oe Presumption oe Grant oe Basement erom