Osgood v. El Dorado Water & Deep Gravel Mining Co.

Citations

• 2 Cal. Unrep. 47

Syllabus

<p>Waters—Notice of Intent to Appropriate—Belation of Title.— One who posts notice of intention to appropriate the waters of a stream on the public domain, and proceeds with due diligence to actual appropriation, will be deemed to have appropriated the water and been in possession of the same, and the rights appurtenant thereto, from the date of posting the notice.</p> <p>Waters—Notice of Intent to Appropriate—Conflicting Bights. Where one, from the time of posting notice claiming certain waters, pursues the work of appropriation with due diligence until it is accomplished, the act of Congress of 1866 operates to confirm his claim as of the date of posting the notice, although in the period intervening between the notice and the completion of the work, another person acquires, as against the United States, the title to land through which the stream ran in its natural course.</p> <p>Waters—Appropriation of Several Streams as Part of System.— In order that work done in appropriating the waters of one stream may be counted toward appropriating the waters of another disconnected stream, the posted notice must declare in terms that the purpose is to acquire the right to the waters of both streams.</p>