Smith v. Corbit

Citations

• 116 Cal. 587
• 48 P. 725
• 1897 Cal. LEXIS 592

Syllabus

<p>Water Rights — Stream Appurtenant to Land — Division op Land-Grant by Implication — Equal User.— Where the owner of land through which a stream flows divides the land into two parts, and grants away one of them, the grantee takes by implication a right to the water necessary for the reasonable enjoyment of the part granted; and where the parties have for many years each used one-half of the water of the stream, without interference, it must he held that the grantee and his successors in interest acquired a right to take and use one-half of the water of the stream; and the rights of the grantor are not paramount to the rights of the grantee.</p> <p>Id. — Change of Place of Diversion — Quantity Unchanged. — The owner of a water right may change the place of diversion to a point higher up the stream, provided the rights of others are not injuriously affected thereby; but he does not, by such change, increase or diminish the share of the water that he is entitled to divert.</p> <p>Id.—Riparian Rights—Domestic Use—Irrigation—Division of Use.— Riparian owners are entitled to have their natural wants supplied by using so much of the water as is necessary for strictly domestic purposes, and to furnish drink for man and beast, before any can be used for purposes of irrigation; and after their natural wants are supplied, each party is entitled to a reasonable use of the remaining water for irrigation; and where the interests of the parties will be conserved thereby, the court may apportion the flow of the water of the stream to the respective owners by periods of time, so that each may have the full flow during the designated period.</p>