Wells v. Mantes

Citations

• 99 Cal. 583
• 34 P. 324
• 1893 Cal. LEXIS 718

Syllabus

<p>Water Riohts—Appropriation of Stream—Compliance with Code. — One who appropriates the waters of a running stream by an actual diversion thereof for the purposes of irrigation, acquires the right to the use thereof as against a claimant who subsequently posts his notices upon the stream in accordance with section 1415 of the Civil Code, and proceeds thereafter, as required by statute, to perfect his rights, although the prior appropriator has not followed the statute in malting his appropriation.</p> <p>Id.—Object of Code Provisions—Relation.—The scope and purpose of the provisions of the Civil Code upon water rights was merely to establish a procedure for the claimants of the right to the use of the water whereby a certain definite time might be established as the date at which their title should accrue by relation; and a failure to comply with the rules there laid down does not deprive an appropriator by actual diversion of the right to the use of the water as against a subsequent claimant who complies therewith.</p> <p>Id. — Construction of Code—“Claimants” not Inclusive of Actual Appnopriator. —The word “ claimants ” in section 1419 of the Civil Code, which provides that a failure to comply with the rules of the code “deprives the claimants of the right to the use of the water, as against a subsequent claimant who complies therewith,” refers to a party posting and recording the notices required by the provisions of section 1415 of the same code, and does not apply to an appropriator by actnal diversion.</p>