Santa Paula Water Works v. Peralta

Citations

• 113 Cal. 38
• 45 P. 168
• 1896 Cal. LEXIS 741

Syllabus

<p>Water Right—Appropriation by Alien—Pre-emption of Land not Involved—Right of Appropriator.—The fact that an alien could not initiate title to government land does not affect his right to make a valid appropriation of water, the tests of such appropriation being merely priority of possession and beneficial use, without regard to the competency of the appropriator to pre-empt the place of intended use, and, if the appropriation of the water be considered as a mode of acquiring real property by purchase, the right of the alien to hold it is good, until “office found,” and private individuals cannot treat his appropriation as void.</p> <p>Id.—Rights of Prior Appropriator Limited bv Beneficial Use— Subsequent Appropriator.—The rights of a prior appropriator of water are limited by his beneficial use, and not by the original capacity of his ditch; and, where he has ceased to use only a specified quantity of the water, or has limited his regular use of it for irrigation to certain days of the week, all of the water not used is subject to a subsequent appropriation by another.</p> <p>Id.—Misplaced Finding of Fact—Extent of Water for Domestic Use.—A finding of the extent of the water to which the defendant was entitled for domestic use, does not lose its force as a finding of fact because misplaced among the conclusions of law.</p> <p>Id.—Place of Use—Right of Change.—It is error to limit the place of use of water for domestic purposes at any particular point on the land of the appropriator, as he may change the place of use at- will, provided ■he does not increase the quantity of flow to which he is entitled.</p>