McKinney v. Smith
California Supreme Court
Appeal from the Fifteenth Judicial District. This action was originally commenced in the District Court of Shasta County, and before trial was transferred to the District Court of Tehama County, and by consent was tried by the Court without the intervention of a jury.
Read the full summary
Appeal from the Fifteenth Judicial District. This action was originally commenced in the District Court of Shasta County, and before trial was transferred to the District Court of Tehama County, and by consent was tried by the Court without the intervention of a jury. The complaint alleges that the plaintiffs were, in May, 1854, and prior thereto, the owners of a dam across Clear Creek in Shasta County, and of a ditch leading therefrom, and reservoirs connected therewith, constructed for the purpose of diverting and using for mining and agricultural purposes the waters of Clear Creek; that…
1Opinion of the CourtNorton, J.
Field, C. J. and Cope, J. concurring.
The appropriation of the water of a stream in order to apply it to some useful purpose secures a right which cannot be infringed upon by a subsequent appropriation of the water by others. But in the case of Maeris v. Bicknell (7 Cal. 261) it was decided that diverting the water from its natural channel for the purpose of drainage simply is not an appropriation of the water. And in the case of Ortman v. Dixon (13 Cal. 33) it was decided that the taking up of the water of a stream for a particular purpose—to wit: to run a mill—was an appropriation of only so…
2Cases cited2 opinions
- Ortman v. DixonCalifornia Supreme Court · 1859
- Maeris v. BicknellCalifornia Supreme Court · 1857
3Cited by11 opinions
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Davis v. GaleCalifornia Supreme Court · 1867
- Haight v. CostanichCalifornia Supreme Court · 1920
- Hague v. Nephi Irrigation Co.Utah Supreme Court · 1898
- Edgar v. StevensonCalifornia Supreme Court · 1886
6 more not listed; retrieve them via the Exa API.