Junkans v. Bergin

Citations

• 67 Cal. 267
• 7 P. 684
• 1885 Cal. LEXIS 614

Syllabus

<p>Wateb Bights—Appboebiation.—A subsequent appropriator of water from a natural stream has no right to destroy the ditch of a prior appropriator, or to materially diminish the quantity or deteriorate the quality of the water to which the latter is entitled.</p> <p>Id.—Point of Divebsion hay be Changed.—One entitled to divert a quantity of water from a stream may take it at any point on the stream, and may change the joint of diversion at pleasure, if the rights of other appropriators be not injuriously affected by the change.</p> <p>Id.—Finding—Evidence.—On a review of the evidence, held, that a finding of the court below as to the carrying capacity of the ditch of the plaintiff, and the amount of water to which he was entitled by appropriation, was justified, and that the defendants had diverted a portion of the water to which the plaintiff had. a prior right.</p>