Butte Canal & Ditch Co. v. Vaughn
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Amador. This was an action for the diversion of the waters of the South fork of Jackson creek in the County of Amador. Plaintiffs claimed under the first appropriator of the waters of said stream. Defendant in his answer set up a right to a portion of the water, by virtue of a contract with the owners of the Amador County canal, which drained the North fork of the Mokelumne river.
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Appeal from the District Court of the Fifth Judicial District, County of Amador. This was an action for the diversion of the waters of the South fork of Jackson creek in the County of Amador. Plaintiffs claimed under the first appropriator of the waters of said stream. Defendant in his answer set up a right to a portion of the water, by virtue of a contract with the owners of the Amador County canal, which drained the North fork of the Mokelumne river. From this canal, the water claimed by defendant was emptied into a natural ravine, and from thence flowed into the South fork of Jackson…
1Opinion of the Court 1
This case in its material features is precisely similar to that of Hoffman et al. v. Stone et al., 7 Cal. R. 46. There is no question as to *144the fact of priority; but the appellants, who were the defendants in the Court below, contend that they had the right to divert from said stream a quantity of water equal to that turned in for their use from the “Amador County canal.” The ditch of the defendants was constructed in pursuance of a contract with the owner of that canal for a supply of water, and the channel of said stream was adopted and used as a connecting link between the two, and as a…
Also in this document: Opinion of the Court · Field.
2Cases cited2 opinions
- Eddy v. SimpsonCalifornia Supreme Court · 1853
- Hoffman v. StoneCalifornia Supreme Court · 1857
3Cited by36 opinions
- Joerger v. Pacific Gas & Electric Co.California Supreme Court · 1929
- City of San Bernardino v. City of RiversideCalifornia Supreme Court · 1921
- Barnes v. SabronNevada Supreme Court · 1875
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- City of Los Angeles v. City of GlendaleCalifornia Supreme Court · 1943
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