Evans Ditch Co. v. Lakeside Ditch Co.

The Kaweah river, as stated by appellants, has its source in the Sierra Nevada mountains, in the eastern portion of Tulare county, and flows in a generally western direction to Tulare lake. At a point known as McKay point, where the stream emerges from the foothills, it divides into two branches, the southern one of which retains the name Kaweah and the northern one taking the name of ‘ ‘ St. Johns river.” Between these two streams there is also a natural- channel called Lane slough emptying into said Kaweah river. About the year 1877 an artificial channel or ditch was dug connecting St. Johns river with said slough, and by means thereof water was diverted from said St. Johns to the said Kaweah river. The plaintiffs are appropriators from the latter stream below the mouth of said slough and the defendants are appropriators from the St. Johns below the point where it was tapped by said ditch. In February, 1906, the plaintiffs brought this action to secure a mandatory injunction requiring the defendants to remove all obstructions that prevent the flow of water from the said St. Johns into Lane slough, and “to permit the free flow of the waters from said St. Johns river through the…