Lower Tule River Ditch Co. v. Angiola Water Co.

Appeal by defendant from a judgment in favor of plaintiff and from an order denying defendant’s motion for a new trial.

The court found, in effect, that plaintiff was seized of a prior right, as against the defendant, to divert from Tule River, a stream of the water thereof amounting to a continuous flow of twenty-three feet per second, and gave judgment enjoining the defendant from interfering therewith. Neither party is a riparian owner on the stream, both claiming solely by appropriation and use. The claim of defendant is based on a notice of appropriation under the code, posted on August…