Lobdell v. Simpson
Nevada Supreme Court
Appeal from the District Court of the Ninth Judicial District, Esmeralda County, ITon. S. H. Wright, Judge of the Second Judicial District, presiding. The plaintiff took up a piece of land on Desert Creek, for agricultural purposes, and used the waters of the creek for purposes of irrigation. Subsequently the defendants took up a piece of the public land higher up, and on or near the same creek, and also used the waters of the creek for irrigation.
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Appeal from the District Court of the Ninth Judicial District, Esmeralda County, ITon. S. H. Wright, Judge of the Second Judicial District, presiding. The plaintiff took up a piece of land on Desert Creek, for agricultural purposes, and used the waters of the creek for purposes of irrigation. Subsequently the defendants took up a piece of the public land higher up, and on or near the same creek, and also used the waters of the creek for irrigation. The plaintiff brought suit against the defendants, praying for damages for past diversion of water, and an injunction against the future diversion…
1Opinion of the Court
Opinion by
Lewis, C. J., Beatty, J., concurring.
“ Every proprietor of lands on the banks of a river,” says Chancellor Kent, “ has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run, without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him unless he has a prior right to divert it; or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua curret et debet currere ut currere solebat…
2Cases cited2 opinions
- Butte Canal & Ditch Co. v. VaughnCalifornia Supreme Court · 1858
- Ortman v. DixonCalifornia Supreme Court · 1859
3Cited by28 opinions
- Barnes v. SabronNevada Supreme Court · 1875
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- United States v. Walker River Irr. Dist.Court of Appeals for the Ninth Circuit · 1939
- Vansickle v. HainesNevada Supreme Court · 1872
- De Necochea v. CurtisCalifornia Supreme Court · 1889
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