California Pastoral & Agriculture Co. v. Madera Canal & Irrigation Co.

This is an appeal by plaintiffs from a judgment and order denying a new trial, in an action brought by them to obtain a judgment determining the right of defendant, if any, to divert waters from Fresno River at points above the lands of plaintiffs, which are riparian to said river, and enjoining the diversion of any greater amount than that determined by such judgment to belong to defendant.

The defendant is a corporation incorporated about December 8, 1888, and ever since its incorporation it has been continuously engaged in the business, for which it was organized, “of acquiring, disposing of, appropriating and diverting water and water-rights and selling, renting and distrib uting water and the use of water to landowners for the irrigation of land.”

For many years defendant has been diverting water from Fresno River at a point above plaintiffs’ land, and, by means of a system of canals, has disposed of the same for the irrigation of lands not riparian to said river, no part of the water so diverted ever being returned to the channel of the river. No question is here raised as to the right of defendant to so divert one hundred cubic feet of water flowing per second. As to all…