San Diego Flume Co. v. Chase

The Court. This action was brought for the purpose of having a contract for the sale of a water right for irrigation purposes reformed, and that it be declared that the amount of water “ conveyed to and owned by the defendant be limited by said contract to two and one quarter inches of water, miners’ measure, under a four-[562]inch pressure, and no more, and that he be entitled and required to take the same in accordance with such reasonable rules and regulations as may be established from time to time by plaintiff,” and for such other equitable relief in the premises as should be proper.

The contract sought to he reformed is made a part of the complaint, and shows that plaintiff and appellant, who is the party'of the first part, “contracts and agrees that the party of the second part [defendant and respondent here] shall have the right to make two connections with the said flume of said party of the first part of a two-inch pipe entering the side thereon, near the bottom.....The pipe aforesaid shall be extended from the points of connection with said flume to and be connected with the pipe system of the party of the second part in said orchard, and thereafter all water drawn from said flume shall be taken and drawn from said pipes, for the purpose of irrigating, through standard pipes of not more than one and one half inch diameter, or carried through one and one half inch rubber Lose, as hereafter provided; that the party of the first part will convey to the party of the second part a water right of two and one quarter (2|-) inches of -water, miners’ measure, under a four-inch pressure, to be taken and used as hereinafter provided, and subject to the conditions usual with said party of the first part in the sale of water rights to other parties; that the water to be taken and had by the party of the second part under this agreement, and under and by virtue of his water rights aforesaid, shall be measured, estimated, and determined by the amount of water that be may draw from said pipes through one and one half inch iron pi-pe standards in his said grounds, and to be used exclusively thereon, from the first day of May to the first day of November, both inclusive, during ordinary seasons; but should an extraordinarily dry spring or fall necessitate a longer use of water for irrigation, he shall have the right to [563]