McDonald v. Askew

Citations

• 29 Cal. 200

Syllabus

<p>Interest in Water acquired by Appropriation.—The interest in water acquired by one who locates on the bank of a stream, and appropriates the waters of the same for machinery, is not property in the water as such, but the right to the momentum of its fall at the point of location and to the flow of the water in its natural course above.</p> <p>Effect of Sale of Water in a Stream on Prior Right to its Use.—If one who has appropriated a part of the water of a stream to propel machinery at a point on the same, makes a conveyance of all his interest in the1 water of the stream to one who has a ditch above, he does not thereby lose his prior right to the water which flows down after the sale, as against one who appropriated the water of the stream below him after his appropriation, but before his sale.</p> <p>Same.—A person who has built a mill on a stream and appropriated a part of its water to propel machinery, does not lose his prior right over one who has claimed the water below him for mining purposes, by a sale of his interest in the water of the stream to be used in a ditch above.</p>