Big Rock Mutual Water Co. v. Valyermo Ranch Co.

Good Law
1926 Cal. App. LEXIS 215·78 Cal. App. 266·248 P. 264
Court of Appeal of CaliforniaJune 2, 1926Docket No. 5311.California3,777 words

Opinion

Lead Opinion

Tyler, J.

Action to quiet title to all the water of Big Rock Creek, formerly known as Rio Del Laño, a natural non-navigable stream situated in Los Angeles County.

The stream has its source in the Sierra Madre Mountains and flowing in a northerly direction to the plains below, known as Antelope Valley, it passes what is designated in the record as “Sweet Tunnel.” The complaint recites that plaintiff is the owner of all the waters of said stream which naturally flow by the land of said tunnel whenever the same does not exceed 2,000 standard miner’s inches. Further allegations are to the effect that the defendants and each of them claim an estate or interest and a right to use some of the waters adverse to the plaintiff; that each of them is without any right whatever, as they have no interest in the water; that notwithstanding this fact defendants have entered upon the said stream and diverted large quantities of its waters so belonging to plaintiff and appropriated it-to their own use and deprived the plaintiff thereof. The prayer of the complaint is that each of them be required to set forth the nature of his claim so that all of the adverse interests of the various defendants may be…

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