Eddy v. Simpson
California Supreme Court
Appeal from the Tenth Judicial District. This action was brought to recover damages for interfering with the water right of the plaintiffs. The plaintiffs had prior-occupancy of the waters of Shady Creek, by means of a d'am and a ditch constructed by them, and used the same for mining purposes.
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Appeal from the Tenth Judicial District. This action was brought to recover damages for interfering with the water right of the plaintiffs. The plaintiffs had prior-occupancy of the waters of Shady Creek, by means of a d'am and a ditch constructed by them, and used the same for mining purposes. The defendants, by like means, obtained the use, for like purposes, of other neighboring streams, and after using the w'ater thereof, it flowed by natural channels into Shady Creek above plaintiffs’ dam. Defendants then built a dam above plaintiffs’ dam on Shady Creek, and withdrew a portion thereof…
1Opinion of the CourtWells, Justice
Heydenfeldt, Justice, concurred.
From the record in this case, it appears that the plaintiffs constructed a dam across a stream called Shady Creek to French Corral, where the water was used by plaintiffs for mining purposes.
After the construction of plaintiffs’ work, and plaintiffs had been for a considerable time in possession of and using the waters of Shady Creek, the defendants constructed a work of a similar nature, whereby they brought water from Grizzly Cannon and Bloody Bun, to a place known as Cherokee Corral, where the water from defendants’ ditch was used for mining purposes. The…
2Cited by29 opinions
- National Audubon Society v. Superior CourtCalifornia Supreme Court · 1983
- United States v. State Water Resources Control BoardCalifornia Court of Appeal · 1986
- Casitas Municipal Water District v. United StatesCourt of Appeals for the Federal Circuit · 2013
- Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
- Rank v. KrugDistrict Court, S.D. California · 1950
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