Ortman v. Dixon
California Supreme Court
Appeal from, the Tenth District. The facts appear in the opinion. The Court below decreed: 1st. That defendants were first entitled to the water flowing in Mill Creek for the use of their saw-mill. 2d. That plaintiffs were entitled to the use of a sufficient quantity of the water of the stream to fill and supply their Ditch Bo. 2, at such times as the defendants were not using the same to propel their mill. ' 3d.
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Appeal from, the Tenth District. The facts appear in the opinion. The Court below decreed: 1st. That defendants were first entitled to the water flowing in Mill Creek for the use of their saw-mill. 2d. That plaintiffs were entitled to the use of a sufficient quantity of the water of the stream to fill and supply their Ditch Bo. 2, at such times as the defendants were not using the same to propel their mill. ' 3d. That plaintiffs were entitled to the water to fill their Ditch Bo. 2, in preference to the ditch of defendants, Bo. 3. 4th. That when plaintiffs’ ditch is filled according to its…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
Bill filed for an injunction against the defendants, to restrain them from turning the waters of a stream, called Mill Creek, into a ditch constructed by them, known as Ditch, Mo. 3, as marked on the map accompanying the pleadings.
Two main questions arise on the record : 1st. Can a water right be conveyed by a bill of sale not under seal ? and, 2d. Has the prior locator of a water privilege the right to change the point of diversion from the main stream under the facts hereafter stated ?
First—We do not consider that it is at all necessary to hold that a water right, so…
2Cited by22 opinions
- Thayer v. California Development Co.California Supreme Court · 1912
- Simmons v. WintersOregon Supreme Court · 1891
- Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908
- De Necochea v. CurtisCalifornia Supreme Court · 1889
- New Mercer Ditch Co. v. ArmstrongSupreme Court of Colorado · 1895
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