City of Turlock v. Bristow

THOMPSON (R. L.), J.

This is an appeal from a decree awarding mandatory relief from a public nuisance caused by the pollution of the water of an irrigation ditch which extends through a portion of the City of Turlock.

For more than twenty years the defendants held an easement in the use of water for irrigation purposes which flowed in a ditch extending through the westerly portion of the City of Turlock. Originally this ditch which was constructed with dirt embankments, was entirely uninclosed by culverts or conduits. The ditch was ten or fifteen feet in width and several feet in depth. It…