Rupley v. Welch

Citations

• 23 Cal. 452

Syllabus

<p>The construction of a reservoir across the bed of a ravine, for the purpose of collecting the water flowing down the same, to be used in irrigating a garden, or fruit trees, gives to the party constructing the same, a vested right of property in the reservoir, and the right to have the water flow into the same, of which he cannot be divested by persons subsequently entering for mining purposes; and a Court of Equity will enjoin miners thus entering, from injuring the reservoir, or diverting the water therefrom.</p> <p>A person entering upon and possessing public lands, under the Possessory Act of ' April 20th, 1852, holds the lands subject to the right of any person to enter upon it, and work the mines of precious metals thereon. This right of the miner to enter upon lands thus held, is subject to such regulations and restrictions as the Legislature may see fit to impose; and the Act of April 25th, 1855, compelling the miner to give bonds to the owner of crops growing on such lands, before he can use the mineral lands on which crops are growing, is but a regulation of a right given by the Act of April 20th, 1852, and is not liable to any constitutional objection.</p> <p>Where the miner, who desires to dig up crops growing on land held under the Possessory Act, offers to give the proper bond required by the Act of 1855, and the owner of the crops refuses to receive it, the miner acquires by such offer a right to enter and mine on the land, and cannot be treated as a trespasser. The miner is liable, however, for the damage to the growing crops, caused by his act, and if the owner of the crops should demand of the miner payment of the damage caused to the crop, and the miner should refuse to pay, a Court of Equity would restrain him from' further working.</p>