San Joaquin & Kings River Canal & Irrigation Co. v. Fresno Flume & Irrigation Co.

These appeals present the same questions and may, therefore, ,be considered and decided together. Stevenson Creek is a small stream tributary to the San Joaquin River. In dry seasons of the year its waters do not reach the latter. In its course through the mountains it flows into, through, and out of a flat tract of land, “a mountain meadow,” about eighty-five miles distant from plaintiffs’ lands. Defendant constructed a dam across the canon at the lower end of this mountain meadow impounding the rain, storm, and flood-waters of the adjacent hills and converting the mountain meadow into a lake. Into this lake it brought timber from its forests and out of this lake for several miles down the channel of Stevenson Creek it conducted a V-flume and by the waters of the lake carried its timber down the V-flume out of the watershed of the creek to its mills and factories below. Defendant has expended for these purposes exceeding one half million dollars. Plaintiff, Miller & Lux, is a riparian proprietor of the San Joaquin River; and plaintiff, San Joaquin and Kings River Canal and Irrigation Company, is an appropriator of water therefrom. Their actions are to the same end —to enjoin the…