West Riverside 350-Inch Water Co. v. Rogers

Appeal by plaintiff from a judgment entered in favor of defendants. The North Riverside and Jurupa' Canal, located in the county of Riverside, is an aqueduct used for the purpose of supplying a large number of persons with water for domestic and irrigating purposes. Plaintiff at the time of the commencement of this action was engaged in furnishing water to its stockholders and other patrons and was the owner of a right, by way of perpetual easement, to have 350 miner’s inches of water, measured under four-inch pressure at the point of delivery, conveyed through said canal. The canal at its upper extremity consisted of a wooden flume about 2,000 feet in length, which crossed the Santa Ana river from the point of intake. The water was conducted into the flume by siphons and again emptied by siphons from the flume into a concrete conduit, which latter formed a channel for its conveyance to the distributing systems of the owners of the water. At the time this action w-as commenced, defendant Rogers was the owner of at least that portion of the canal which was constructed as a flume, subject to the right of the plaintiff as mentioned, and also subject to another easement termed the…