Woods Cent. Irrigating Ditch Co. v. Porter Slough Ditch Co.

Defendant appeals from an adverse judgment and from an order denying its motion for a new trial. '

The action was brought to quiet plaintiff’s title to a portion of the waters of Tule River. Defendant, by its answer, admitted that it did claim an estate and interest in the waters of Tule River and Porter Slough, but denied that such claim was without right. There were other allegations in the answer which we will discuss later.

The court found that plaintiff was entitled to eighty cubic feet per second (the amount to which plaintiff asserted title) whenever that quantity of water, was running…