Hill v. Newman

Citations

• 5 Cal. 445

Syllabus

<p>The right to water must be treated in this State as a right running with the land, and as a corporeal privilege bestowed upon the occupier or appropriator of the soil; and as such, has none of the characteristics of mere personalty.</p> <p>From the policy of our laws, it has been held in this State to exist without private ownership of the soil; upon the ground of prior location upon the land, or prior appropriation and use of the water.</p> <p>Justices of the Peace have ri*8?¡3¡aDÍsdiction to try a cause, where there is an alleged injury arising out of a diversion of water from the natural or artificial channel in which it is conducted.</p>