Merritt v. City of Los Angeles

The plaintiff sued for the purpose of obtaining an adjudication of the alleged conflicting claims of the plaintiff and defendant, respectively, to the use of the water of Haiwee Creek in Inyo County, and to enjoin the defendant from claiming or using the same and from interfering with plaintiff’s use. The defendant in its answer alleged that it is the owner of the first and paramount right to take from said creek all the water flowing therein to the extent of three hundred inches constant flow, under a four-inch pressure. Upon the trial the evidence showed that the normal flow of the creek…