State v. Bonelli Cattle Company

I cannot concur with the result at which Chief Justice Struckmeyer arrives in this rase.

Chief Justice Struckmeyer has amply set forth the facts in the case, and his discussion of rights of a riparian proprietor in land under the common law is an excellent dissertation up to a point.

It must be borne in mind, of course, that the question here involves not the right to the use of the water of a river or stream, but involves the title to land bordering on, or beneath such river or stream. In the case of use of the water, the common law riparian right of owners of land bordering the river or…