Consolidated People's Ditch Co. v. Central California Water & Irrigation Co.

THE COURT.

Pursuant to stipulation, it is ordered:

That the portion of the judgment in said action which reads as follows:

“First.—It is ordered, adjudged and decreed that the following lands of defendant, J. W. C. Pogue, are riparian to

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the Kaweah River, to-wit': That part of the west half of Section Thirty-five in Township Seventeen South, Range Twenty-seven East of the Mount Diablo Base and Meridian, lying-east and south of the mid-channel of the Kaweah River, also-the northeast quarter, and the West half of the Northwest quarter of the Southeast quarter of said Section Thirty-five

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and that portion of Section Three, in Township Eighteen South, Range Twenty-seven East', of the Mount Diablo Base and Meridian, lying east and south of the mid-channel of said Kaweah River, and that six cubic feet per second, and no more, of the water flowing in said Kaweah River is a reasonable quantity of water for the irrigation of said riparian land and for domestic purposes and the watering of live stock thereon by said defendant, J. W. C. Pogue, and it is ordered, adjudged and decreed that, as between plaintiff and said defendant J. W. C. Pogue, said defendant, J. W. C. Pogue, has, as a riparian owner and as against plaintiff, the prior and superior right to take and divert' from the Kaweah River by means of the Pogue, Wallace and Crocker Ditch, ór Pogue’s Lower Ditch, six cubic feet of water per second of the water flowing in said Kaweah River, and no more until said plaintiff is first supplied at the head of its ditch, the-Consolidated Peoples Ditch, with three hundred cubic feet of' water per second of the water flowing in said Kaweah River during the months of January, February, March, April, May, June, July, November and December of each year, and with forty cubic feet of water per second of the water flowing in said Kaweah River during- the months of August, September and October of each year and that said defendant, J. W. C. Pogue, in the use of said six cubic feet of water per second of the waters of said Kaweah River has thé right to use the-same on said riparian lands and on lands away from and not riparian to said Kaweah River; and that after said defendant, J. W. C. Pogue, is first' supplied, at the head of said Pogue, Wallace and Crocker Ditch, or at the head of said Pogue’s Lower Ditch, with said six cubic feet of water per-second of the water flowing in said Kaweah River, then said plaintiff is entitled at the head of it's said ditch to take and divert from said Kaweah River three hundred cubic feet of water per second of the water flowing in said Kaweah River-during the months of January, February, March, April, May, June, July, November and December of each year, and to so-