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· 8/5/1889

Heilbron v. 76 Land & Water Co.

Citations

  • 80 Cal. 189
  • 22 P. 62
  • 1889 Cal. LEXIS 885

Syllabus

<p>Water Rights—Riparian Owner—Irrigation—Reasonable Use—. Question of Fact.—An upper riparian proprietor is entitled to a reasonable use of the water of the stream for the purpose of irrigating his riparian lands, and an action will lie only for an unreasonable and unauthorized use. What is a reasonable use is a question of fact, depending upon the circumstances appearing in each particular case.</p> <p>Id.—Injunction.—An upper riparian proprietor cannot be perpetually enjoined from using the water of the stream for purposes of irrigation of his riparian lands by means of a canal constructed in part for that purpose, whether he has actually used it or not, or whether he intends to use it or not, nor can the diversion of surplus water he enjoined when no proprietor below would be injured thereby.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • declining to make reciprocal discipline retroactive to period of suspension in another state where lawyer’s “decision to voluntarily cease practicing law in Georgia had not been documented”

Source: CourtListener parenthetical corpus (CC0).

Judges: Belcher

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