City of Gilroy v. Kell

This is an appeal by the defendants from a decree adjudging that the City of Gilroy is the owner of the right to take water from Uvas Creek in the county of Santa Clara, state of California, at a point where it has erected a dam across the same upon certain real property described in the complaint and owned by the defendants. The further provisions of the decree will be discussed hereinafter.

Plaintiff alleged that it was the owner of said right to take water from Uvas Creek and also of certain dams and pipe-line beginning at the upper end of said dams and running down and along the westerly…