Bishel v. Faria

WHITE, J.

This is an action to adjudicate the common boundary line of properties which adjoin in the middle of the San Joaquin River, and to quiet the plaintiffs’ title in and to the whole of a so-called island. The issues presented are, where is the middle of the river located as a matter of law and does the evidence support the trial court’s finding as to the location of the boundary line.

The plaintiffs’ property is situate in Madera County on the north side of the river. The defendant’s property is situate in Fresno County on the opposite or south side of the river. The river flows in a general westerly direction at

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this point and is nonnavigable. The parties have stipulated that their common boundary line is the middle or thread of the river and that this line is coterminous with the existing boundary line between Fresno and Madera Counties at this location. It is the plaintiffs’ contention that this boundary is the center line of the main channel of the river and that it is to be determined by measuring the width of the river between the low banks during the eight months of average flow. The defendant, on the other hand, contends that it is the center line of the river as measured between the high banks during the normal high flow in the spring months. The dispute arose over the ownership of a sand, gravel and alluvial deposit located in the river-bed offshore from the plaintiffs’ property. If the plaintiffs are correct in their contention this deposit or island is located entirely on their side of the river. If the defendant is correct a portion of this island belongs to him. He has appealed from a judgment in favor of the plaintiffs.

This island has existed beyond the memory of any of the witnesses at the trial in substantially its present condition, with the exception of recent gravel excavations on its north side and the construction of a levee at its eastern end. During eight or nine months of the year it is affixed to the north shore by dry land and appears to be a part thereof. There is some vegetation along the southern bank of the island bordering the main or south channel of the river, and during the greater part of the year cattle can cross dryshod from the mainland. During eight months of the year the river flow is from less than 1,000 to 3,000 second feet. During April, May, June and portions of some other months the water volume increases from snow runoffs in the mountains and spring fains, from 5,000 to 10,000 second feet. This is a normal anticipated flow, although periods of drought and flood have been experienced. During these spring months of ordinary high flow water runs in the channel north of the island between it and the permanent or high banks on the plaintiffs’ side of the river. In periods of flood the island may be inundated. During recent years the flow in the river has to a great extent been controlled by the Friant Dam. However, there was evidence that prior to this controlled flow or to the construction of the levee or the gravel excavations, the same conditions have always prevailed and that during the major portion of the year the greater flow of the water is in the south channel. In dry years it flows only in the south channel.