Adams
Adams v. Barber
Opinion
Lead Opinion
Hart, J.
The plaintiffs instituted this action for the purpose of obtaining a decree permanently enjoining the defendants from obstructing or interfering with and diverting from the lands of the plaintiffs the flow of the waters of High Rock Creek, a natural stream of water located in Modoc County.
The judgment as prayed for in the complaint was awarded the plaintiffs by the court, and from said judgment the defendants and the intervener prosecute this appeal.
The complaint alleges that the lands of the plaintiffs as described in the complaint are peculiarly adapted to agricultural, horticultural, and pasturage purposes, and that they have been so possessed, owned, and farmed by the plaintiffs and their grantors for a period of approximately forty years preceding the date of the commencement of this action; that the climate in the particular locality in which said lands are situated is of an arid character and that the character of the lands is such, by reason of such climate, as to necessitate the irrigation thereof in order to produce thereon crops to which it is adapted as aforesaid; that High Rock Creek is a ¡amall stream of water, having its source in the “Warner Range” of…