Senior v. Anderson

Citations

• 115 Cal. 496
• 47 P. 454
• 1896 Cal. LEXIS 1038

Syllabus

<p>Water Rights—Appropriation for Irrigation—Capacity of Ditch— Quantity Limited by User—Reasonable Diligence—Abandonment of Part.—An appropriation of water by the owner of land by means of a ditch, for the purpose of irrigation, is not measured by the capacity of the ditch through which the appropriation is made, but the appropriation is limited to such quantitymot exceeding the capacity of the ditch, as the appropriator may put to a useful purpose upon his land within a reasonable time, by the use of reasonable diligence; and if he delays increase of cultivation for an unreasonable time, such delay must be construed as an abandonment of his claim of right to irrigate his whole tract, and the appropriation is limited, as against a subsequent appropriator, to necessary use as applied to the land cultivated within a reasonable time.</p> <p>Id.—Use of Water upon Other Lands—Measure of Appropriation.— The measure of the quantity of water appropriated by the owner of irrigable land by means of a ditch, is the quantity of water actually appropriated for use upon such land, and although the quantity so appropriated may be used upon other lands, the fact that other lands may be, or are, irrigated from the same ditch, does not affect the quantity of water appropriated by such owner.</p> <p>Id.— Rights of Subsequent Appropriator — Adverse User—Statute of Limitations—Running of Statute.—The rights of a subsequent appropriator having become fixed by the failure of a prior appropriator to use more than a limited quantity for irrigation within a reasonable time, cannot be defeated otherwise than by an adverse user for the full period prescribed by the statute of limitations; and such statute does not commence to run from the mere construction of ditches, or the laying of pipes, for the purpose of using the water upon the lands, in the absence of a statutory notice of appropriation, but only from the actual adverse use of tlie water upon such other lands.</p> <p>Id.—Compromise Ag