Gurnsey

The controversy relates to a water right claimed by respondent.

In 1877 one James Wilson entered into a written contract with the Antelope Water Company, the predecessor in interest of appellant, containing the following provision: “That whereas the said party of the second part is about to bring the waters of Antelope Creek in the said county and state into the town of Red Bluff for the purpose of supplying the inhabitants thereof with water and desires to cross the lands of the party of the first part, and in consideration of that privilege proposes to allow him one-half inch pipe of water to be attached to said pipes at any place he may designate and the water taken by said half-inch pipe to be used only for the necessary household purposes and the irrigation of a small garden and vegetable patch . . . and the said party of the first part having accepted the said proposition and consented to the laying of the said pipes as aforesaid: In consideration of the premises, does grant, give and convey to the said party of the second part the right and privilege of laying down the said water-pipe across his lands.” The water-pipe was laid across said lands and it has been maintained…