Erickson v. Queen Valley Ranch Co.

Opinion

FRIEDMAN, Acting P. J.

Plaintiffs own 240 acres of ranch lands in Mono County. They seek to quiet title to the water of Morris Creek. In the early part of the century, plaintiffs’ properties were owned by John Pedro, who established an appropriative right to the entire flow of Morris Creek. The primary issue is whether, before plaintiffs acquired the property, non-use of the water had caused a complete or partial forfeiture of the appropriative right.

The headwaters of the creek are located in Nevada. In a state of nature the creek flowed into California, although John Pedro’s ranch was…