McArthur

From a decree apportioning and quieting title in the respective parties to a quantity of river water for irrigation and power purposes, each party has appealed.

This action involves both prescriptive and riparian rights to the waters of Pit, Fall and Tule Bivers acquired for power purposes and for the benefit of lands adjacent to the confluence of these non-navigable streams.

The Pit River, which has its source in Goose Lake in northeastern California, flows in a southwesterly direction to its confluence with Fall River at a point north of Redding in Shasta County. Fall River rises in Siskiyou County and flows southeasterly to join the Pit River. The Tule River rises in Trout Lake, Shasta County, flowing southerly through a flat tule country, emptying into Fall River several miles north of its junction with Pit River. The village of Fall River Mills is situated at the confluence of Fall and Pit Rivers.

The plaintiff is engaged in the enterprise of producing and marketing hydro-electric power for use as heat and light. For this purpose it acquired and owns large tracts of lands adjacent to the Pit and Fall Rivers above the confluence thereof. Included in the plaintiff’s holdings…