Callison

This is an appeal from an injunction restraining the defendants from flooding plaintiffs’ lands or diverting the water of Pall River so as to deprive them of their riparian rights thereto for the purposes of irrigation and domestic use.

Pall River is a small stream which flows southerly in Shasta County through a flat basin, emptying into Pit River at Pall River Mills. Pall River has an average summer flow of 1200 cubic feet of water per second. It has low receding banks in the vicinity of plaintiffs’ lands. One mile above the mouth of this river there is a natural rock reef dam which extends across the entire stream retarding the flow and impounding the water therein. The defendant, a hydroelectric power corporation, is engaged in manufacturing and supplying its customers with electricity for heating and lighting purposes. The power company owns all of the land adjacent to Fall River on both sides of the stream for a distance of two and one-half miles above its mouth. In 1920 this company constructed a concrete dam across Pall River just above the rock reef for the purpose of impounding and diverting the water of that stream. Prom a point directly above this concrete dam the…