Phœnix Water Co. v. Fletcher

Citations

• 23 Cal. 481

Syllabus

<p>The prior appropriator of a stream of water for mining purposes, has a right to have the water flow down above the point of Ms appropriation without interruption or diminution in quantity.</p> <p>One who enters upon a stream of water above the prior appropriator and erects hydraulic works, must so construct them as not to impede the regularity of the flow of the water, if its irregular flow would injure the first appropriator.</p> <p>A mere temporary or trivial irregularity in the flow of the water, such as docs not cause actual injury to the prior appropriator below, will not be actionable; but if a sensible or positive injury be caused, such as would dimmish the value of the water right, an action will lie, not only to recover damages, but to enjoin the future commission of the wrong.</p> <p>Where special issues are submitted to a jury, they should include all questions of fact raised by the pleadings and necessary to determine the case, and should be separately and distinctly stated, so that each question should relate to only one fact.</p>