Cowell

Cowell v. Armstrong

Good Law
1930 Cal. LEXIS 369·210 Cal. 218·290 P. 1036
Supreme Court of CaliforniaAugust 28, 1930Docket No. Sac. 4341.California3,604 words

Opinion

Lead Opinion

This is an appeal by the plaintiffs from a judgment of nonsuit in favor of certain defendants appearing and from a portion of a default judgment against •defendants not appearing.

The action was brought against more than two hundred defendants to establish alleged conflicting riparian rights in the waters of Putah Creek and for an injunction. Putah Creek has its headwaters in Lake County and thence flows through Napa County and forms a portion of the boundary line between Yolo County and Solano County. By their second amended and supplemental complaint the plaintiffs allege that they are the owners of about eight thousand eight hundred acres of land in Yolo County; that Putah Creek is a natural watercourse flowing in a general southeasterly direction toward the Sacramento Valley, and in the vicinity of the town of Winters continues in a general easterly direction by, through, over and upon the plaintiff’s said lands; that the plaintiffs as riparian owners are entitled to have the waters of Putah Creek flow as they are wont to flow by, through, over and upon their lands “except as such flow is reduced by the reasonable use of said waters by other riparian owners on said stream,…

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