Brown v. Ashley
Nevada Supreme Court
Appeal from the District Court of the Fourth Judieial District, Humboldt County. The facts sufficiently appear in the opinion. I. The owner of land upon a natural watercourse is entitled to make a reasonable use of the water for irrigation.
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Appeal from the District Court of the Fourth Judieial District, Humboldt County. The facts sufficiently appear in the opinion. I. The owner of land upon a natural watercourse is entitled to make a reasonable use of the water for irrigation. (Angelí on Watercourses, secs. 119, 119a, 122; Thurber v. Martin, 2 Gray, 394; Davis v. Winslow, 51 Me. 290; Perkins v. Dow, 1 Boot, 535; Weston v. Alden, 8 Mass. 136; Anthony v. Lapham, 5 Pick. 175; Embrey v. Oioen, 6 Exch. 353; Blanchard v. Baker, 8 Greenl. 253; Wadsworth v. Til-lotson, 15 Conn. 366; Gillett v. Johnson, 30 Id. 183; Evans v. Merriweather,…
1Opinion of the Court
By the Court,
Hawley, J.:
In 1876 the plaintiff obtained a judgment against defendant for damages and costs, and a decree “that plaintiff is the owner pf the lands, tenements, and hereditaments mentioned in plaintiff’s complaint, and that he is a riparian owner and proprietor in respect to said lands and Coyote creek, the stream mentioned in plaintiff’s complaint, and that he-is entitled to have all the waters of said stream come down unobstructed to and upon said lands, except that defendant may use such portion of said waters as may be necessary for domestic purposes and not for irrigation.”
In…
2Cases cited1 opinion
- Barnes v. SabronNevada Supreme Court · 1875
3Cited by5 opinions
- Shields v. Orr Extension Ditch Co.Nevada Supreme Court · 1897
- Robison v. BateNevada Supreme Court · 1962
- Bidleman v. ShortNevada Supreme Court · 1915
- Anaheim Water Co. v. Semi-Tropic Water Co.California Supreme Court · 1883
- Anderson Land & Stock Co. v. McConnellU.S. Circuit Court for the District of Nevada · 1904