Stevens v. Oakdale Irrigation District

THE COURT.

The sole question for decision is that of the right of plaintiffs, appropriators of foreign waters, to restrain the producer of the foreign flow (defendant irrigation district) from increasing its beneficial use of such waters by-recapturing them within its boundaries, thus cutting off their escape and drainage in accustomed manner down a natural stream channel to plaintiffs’ land and point of diversion.

The trial court entered judgment decreeing that as against defendant, plaintiffs have the right to two cubic feet of water per second continuous flow in the creek over their land,…