Stanford v. Felt
California Supreme Court
Appeal from a judgment of the late District Court of the Twelfth Judicial District for the county of San Mateo, and from an order of the Superior Court of that county refusing a new trial. The plaintiff is the owner of a tract of land lying on the hank of the San Francisquito Creek, and the defendants of another tract through which flows, the Trancos, a tributary and feeder of the San Francisquito.
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Appeal from a judgment of the late District Court of the Twelfth Judicial District for the county of San Mateo, and from an order of the Superior Court of that county refusing a new trial. The plaintiff is the owner of a tract of land lying on the hank of the San Francisquito Creek, and the defendants of another tract through which flows, the Trancos, a tributary and feeder of the San Francisquito. The action was brought to restrain the defendants from continuing a certain reservoir constructed by them across the Trancos Creek, in such a manner as to divert the natural flow of the waters…
1Opinion of the CourtThornton, J.
By the common law of England, the right of the riparian proprietor to the flow of a stream is inseparably annexed to the soil and passes with it, not as an easement or appurtenance, but as part and parcel of it. Use does not create the right, and disuse cannot destroy or suspend it. The right of such proprietor ex*250tends to the natural and usual flow of all the water of the stream, unless when the quantity has been diminished as a consequence of the reasonable use or appropriation of it by other riparian owners for proper and legitimate purposes. (Ferrea v. Knipe, 28 Cal. 340; S. C., 87 Am.…
2Cases cited9 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- American Co. v. BradfordCalifornia Supreme Court · 1865
- Moore v. Clear Lake Water WorksCalifornia Supreme Court · 1885
- Crandall v. WoodsCalifornia Supreme Court · 1857
- Dilling v. MurrayIndiana Supreme Court · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lindsay-Strathmore Irrigation Dist. v. Superior Court of Tulare Cty.California Supreme Court · 1920
- Anaheim Union Water Co. v. Fuller.California Supreme Court · 1907
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- Duckworth v. Watsonville Water & Light Co.California Supreme Court · 1907
- Heilbron v. FowLer Switch Canal Co.California Supreme Court · 1888
14 more not listed; retrieve them via the Exa API.