Williams v. Harter

Citations

• 121 Cal. 47
• 53 P. 405
• 1898 Cal. LEXIS 850

Syllabus

<p>Water Rights—Action for Diversion—Joint Judgment fob Damages— Findings.—In an action to enjoin the diversion of water, and to recover damages for past diversions, where the answer did not deny the diversions, and set up a joint right to the use of the water diverted, no finding of joint liability or joint commission of the acts complained is necessary to support a joint judgment for damages; nor was it necessary to find that the acts alleged to have been done by the defendants “were done wrongfully or without right,” where the court found that the plaintiff was the owner of all the water flowing in the stream, and that defendants committed the acts charged in depriving her of the use thereof.</p> <p>Id.—Appropriation—Springs on Public Lands.—All public lands are open to occupation and settlement by citizens of the United States, and the water flowing from springs on public lands may be diverted to other public lands by means of ditches and there used for irrigation or other necessary purpose, and a right to the same acquired as against anyone who subsequently obtains title to the land on which the springs are situated.</p> <p>Id.—Quitclaim Deed of Ditches—Appurtenant Water Rights.—Where the springs were the only tributaries of a certain creek, and a ditch was taken therefrom leading to that creek, and another ditch was taken out of the creek to lands upon which the water was used, a quitclaim deed of such ditches by the owner of an interest therein transferred his rights in the waters of the springs, which were incidental or appurtenant to the ditches by means of which such waters had been appropriated, although not specifically mentioned in the deed.</p> <p>Id.—Evidence—Declarations of Defendant’s Grantor.—Declarations made by the grantor of the defendants while he was in possession of the land upon which the springs were situated, relating to the ownership and right to the use of the water from the springs, and the ditches leading therefrom, are admissible for