Vernon Irrigation Co. v. City of Los Angeles

Citations

• 106 Cal. 237
• 39 P. 762
• 1895 Cal. LEXIS 599

Syllabus

<p>Water Bights—Title of City — Appropriation — Riparian Lands— Injunction.—Where a city is entitled to divert the waters of a river for municipal purposes, and for the benefit of its inhabitants, a corporation owning riparian lands, which has diverted a portion of the waters of the river for purposes of sale and not for use upon its riparian lands, it not appearing that its lands were susceptible of cultivation, or could be injured by deprivation of the water flowing in the stream, is not entitled to an injunction against the city to protect its riparian rights, especially in view of the fact that the injunction, if issued, would not have the effect to cause the water to flow over or along its riparian lands as it was accustomed to flow.</p> <p>Id.—Diversion by Plaintiff — Adverse User. — The diversion by the corporation plaintiff of a specified quantity of water for sale, made while the city was actually diverting the stream, where it does not certainly appear when and for how long a time plaintiff was able to take and sell that quantity of water, or whether its use of the water is not permissive, is not sufficient evidence of adverse user to entitle the plaintiff to an injunction against the city.</p> <p>Id.—Superior Rights of Mexican Pueblo to Waters of Stream.— A Mexican pueblo was entitled to the use of so much of the waters of a stream flowing through the pueblo as was necessary for municipal purposes, and for the supply of its inhabitants, and this right was superior to that of riparian proprietors.</p> <p>Id.—Rights of City as Successor to Pueblo—Sale of Water to Outside Parties — Unauthorized Acts of Officers.—The rights of a city as successor to a Mexican pueblo are confined to the rights of the pueblo, and it has no power to appropriate water to sell to outside parties, for a profit, for use on extra-municipal lands, and the city can acquire no rights by the unauthorized acts of its officers in making such sales.</p> <p>Id. — Limitation of Powers of City