Cuthbert Burrel Co. v. Peoples's Ditch Co.

THE COURT.

The action arises out of conflicting claims to the use of the waters of Kings River. Plaintiffs

[796]

had judgment and the appeal is by defendants, The People’s Ditch Company, The Last Chance Water Ditch Company, The Lemoore Canal and Irrigation Company and Lower Kings River Water Ditcb Company, from said judgment. The defendants, Lake Land Canal and Irrigation Company and the Union Water Ditch Company, have not appealed.

This action and two others

(Stinson Canal & Irr. Co.

v.

Lemoore Canal & Irr. Co. et al., etc.,

Interveners, and

Stinson Canal & Irr. Co.

and

Crescent Canal Co.

v.

People’s Ditch Co. et al.)

were consolidated in the court below and tried together. An opinion reversing the judgments and orders in the other eases was filed in this court on the twenty-fourth day of December, 1919. (See

ante,

p. 241, [188 Pac. 77].)

The object of this action by the plaintiffs was to establish the riparian character of their lands (described in the complaint) and to obtain injunctive relief against the alleged acts of the defendants in interfering with the riparian rights of plaintiffs.

The complaint, by appropriate averments, sets up the riparian rights of the plaintiffs, alleging that their lands (described in the complaint) are situated and border upon and along Kings River, a natural watercourse, and upon and along certain branches of said river; alleges that the use of water from said river and its tributaries and branches is necessary for the purpose of properly farming said lands, and that the defendants are and have been for a long period of time taking from said river and diverting to and upon their lands larger quantities of water than are necessary for. their legitimate uses or quantities far in excess of the amounts which they (defendants) can or ever have put to a beneficial use and are thus interfering with the rights of plaintiffs as riparian owners. .