Peoples Ditch Co. v. Foothill Irrigation District

Plaintiffs appeal from the judgment of the trial court denying an injunction.

Both appellants and respondents are appropriators of water from Kings River. Kings Eiver is a natural watercourse having its source in the Sierra Nevada Mountains and flowing westerly and southwesterly through the Kings Eiver alluvial fan. At a point approximately forty miles from the place where it leaves the foothills the river divides, one branch flowing in a southerly direction and the other flowing northwesterly through lands served by members of respondent Murphy Slough Association. At approximately the point where Kings Eiver emerges from the foothills there is a government gauging station, also a gauge observer’s station and various devices for measuring and rating the water of the stream. This point is called Piedra and the diversions from Kings River by all parties to the present action are downstream from Piedra. The diversions of appellants Peoples Ditch Company and Last Chance Water Ditch Company are upstream from the diversions of the respondent Murphy Slough Association and the diversion of appellant Lemoore Canal- and Irrigation Company is downstream from the diversions of respondents.…