Watterson v. Saldunbehere

Citations

• 101 Cal. 107
• 35 P. 432
• 1894 Cal. LEXIS 990

Syllabus

<p>Water Rights—Appropriation—Compliance With Civil Code.—Where there has heen an actual appropriation and nse of water, a right to it is acquired regardless of compliance with the provisions of the Civil Code for the acquisition of water rights.</p> <p>Id.—Diversion op Water—Damages—Injunction—Pleading—Joinder of Causes.—An action to recover damages for the diversion and pollution of a stream of water to the injury of a prior appropriator, may be properly joined with a cause of action to obtain an injunction restraining its further diversion and pollution.</p> <p>Id.—Herding and Watering Sheep Upon Stream—Improper Evidence. Where one has appropriated and used the water of a stream for more than ten years before the defendant interfered with it, and complained only of interference during the month previous to the.commencement of the action, evidence upon the question whether the defendant herded and watered sheep upon the stream for a period of seven years prior thereto, is immaterial and incompetent.</p>