Watterson v. Saldunbehere

The use of water for domestic purposes and watering cattle are preferred uses; and the defendant had a perfect right to use a portion of the waters of the north fork of the creek for watering his sheep. (Bear River & Auburn W. & Mining Co. v. New York Mining Co., 8 Cal. 327; Washburn on Easements, 223, 224; Ferrea v. Knipe, 28 Cal. 341; Hale v. McLea, 53 Cal. 579; Gould on Waters, sec. 203.) The defendant has the same right to the reasonable use of the waters of the creek for domestic purposes and watering stock as the plaintiff had; and if necessary for those purposes he had the right to…