Maeris v. Bicknell

Citations

• 7 Cal. 261

Syllabus

<p>Where a ditch was cut by the grantors of the plaintiffs, for the purpose of drainage simply, and not with the bona fide intention of appropriating the water thus diverted to some useful object, and the ditches of defendant were built for the express purpose of taking said water, and did do so: Held, that thereby they gained a priority over the grantors of plaintiffs, and all persons holding under them.</p> <p>Merely cutting a ditch for a drain and using the water for no useful purpose, gives no priority.</p> <p>But where a ditch is made for the purpose of using the water, the right thereto dates from the commencement of the work.</p> <p>The mere change in the use of water from one mining locality to another, does not forfeit the right.</p>