Stein Canal Co. v. Kern Island Irrigating Canal Co.
California Supreme Court
Appeal from the District Court of the Sixteenth Judicial District, Kern County. Injunction. In March, 1879, the Stein Canal Company and twenty-seven other parties—nine of whom were canal companies —commenced this suit, alleging substantially that the canal companies were respectively the owners of certain canals, and also of certain water rights in and to the waters' flowing in Kern River; that Myers and the other natural persons who were joined as plaintiffs had contracts…
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Appeal from the District Court of the Sixteenth Judicial District, Kern County. Injunction. In March, 1879, the Stein Canal Company and twenty-seven other parties—nine of whom were canal companies —commenced this suit, alleging substantially that the canal companies were respectively the owners of certain canals, and also of certain water rights in and to the waters' flowing in Kern River; that Myers and the other natural persons who were joined as plaintiffs had contracts with the canal companies, and rights under such contracts to the use of the water diverted by them; that defendants were…
1Opinion of the Court
By the Court :
The stream of water known in this case as the “ Old South Fork ” issues from Kern River, and from the point where the waters are diverted the stream flows as a direct stream. The waters appropriated by the defendant—the Kern Island Irrigating Canal Company — prior to August, 1874, are to be regarded as the waters of the “ Old South Fork,” and not the waters of Kern River. In August, 1874, the defendant appropriated a portion of the waters of Kern River, and conducted
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j the same by means of a canal to the Old South Fork, from which it was taken out lower down the stream, and…
2Cited by7 opinions
- State v. BryantSupreme Court of North Carolina · 1972
- Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
- Geddis v. ParrishWashington Supreme Court · 1889
- State v. WrightSupreme Court of North Carolina · 1972
- Cole v. Richards Irrigation Co.Utah Supreme Court · 1904
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