Wiggins v. Muscupiabe Land & Water Co.

Citations

• 113 Cal. 182
• 45 P. 160
• 1896 Cal. LEXIS 764

Syllabus

<p>Water Bights—Division of Flow between Biparian Owners—Periods of Time—Diminution of Stream.—A court of equity may apportion the flow of water in a stream to the respective riparian owners by periods of time rather than by a division of the quantity, so that each may have the full flow of the stream during such designated periods, instead of a portion of the flow during all the time, when the circumstances are such that a division by periods of time would better conserve the rights of all the riparian owners; and such division should he made where the stream, instead of increasing toward the sea, diminishes until it finally disappears or ceases to have any appreciable volume.</p> <p>Id.—Apportionment for Domestic Use—Irrigation—Different Periods.—It cannot be said as matter of law that a lower riparian proprietor has a necessity for a continuous flow of water for domestic uses, any more than for the purpose of irrigation; but he is only entitled to a reasonable use for either purpose, and the court has power to apportion the water by periods of time for all uses, though it would naturally fir a different length of periods during which each should be entitled to the flow with greater frequency of recurrence, where the water is .needed for domestic uses, than if it were used for purposes of irrigation only.</p> <p>Id.—Equitable Division—Findings—Appeal from Judgment—Absence of Evidence—Presumption.—Where the court has found that a specified division of a flow of a stream between riparian owners by periods of time is reasonable and equitable under all the circumstances and facts in the case, and the evidence is not brought up upon appeal from the judgment, it must be presumed upon such appeal that the findings were sustained by the evidence, and that the court gave proper consideration to all of the evidence before it, and to all of the uses for which it was shown that the water was available.</p> <p>Id.—Division of Plow for Irrigation—Measure of Riparian Rights. The