Peregoy v. Mckissick

Citations

• 79 Cal. 572
• 21 P. 967
• 1889 Cal. LEXIS 775

Syllabus

<p>Water Rights—Appropriations-—Diversion by Riparian Proprietor — Damages — Injunction. — A prior appropriator of water cannot enjoin a riparian proprietor from causing the water of a natural stream to flow over his lands for beneficial purposes, where it appears that the prior appropriator is only nominally damaged by the acts done and threatened by the riparian owner, and it does not appear that the prior appropriator has used the water for a beneficial purpose, or raised or attempted to raise any crops oh his land.</p> <p>ID. — Acts of Appropriation. —• Whether an actual appropriation of water by means of a dam and ditcb, not initiated by compliance with the provisions of the. Civil Code as to posting and recording of notices, is valid, qucere.</p>