Phillips v. Burke

This is an appeal by defendants from a judgment decreeing that plaintiffs have an easement for the discharge of surplus irrigation water over and across the lands of defendants; that defendants be enjoined from obstructing the flow of such water; and, that plaintiffs have damages for loss they suffered by reason of defendants’ obstruction of the flow of said water.

The evidence shows that plaintiffs are the owners of certain lands in Sutter County lying immediately to the east of and at a higher elevation than the adjoining lands of defendants. Both parcels are a part of the same watershed,…