Hudson v. West

I concur in the judgment of affirmance and in the reasoning in the majority opinion with the exception of the inference which might be drawn therefrom that a *832riparian right may be pleaded by simply alleging the ownership of land situated on a natural stream or watercourse and the ownership of a water right from said stream as being appurtenant to said land. It is my opinion that such a pleading would not be sufficient to raise an issue of riparian ownership or the existence of a riparian right. (See Riverside Water Co. v. Gage, 89 Cal. 410, 420 [26 P. 889] ; Wutchumna Water Co. v. Pogue, 151…