Hulsman

Hulsman v. Todd

Good Law
1892 Cal. LEXIS 932·96 Cal. 228·31 P. 39
Supreme Court of CaliforniaSeptember 20, 1892No. 14568California1,605 words

Opinion

Lead Opinion

Belcher, J.

— It is alleged in the complaint in this case that for more than thirty years the plaintiff and *229 his grantors have been the owners and in possession of a certain tract of land in Lassen County, which, during all that time, has been held and used by them as a farm; that from time immemorial a small stream of water, known as Lassen Creek, has flowed to, upon, and across the said tract; that in the spring the stream carries about 225 inches of water, measured under a four-inch pressure, but the amount thereafter diminishes until the flow does not exceed 25 inches; that plaintiff is the owner of three ditches, conveying water from said stream to. and upon his lands, to irrigate the same, and that he and his grantors have owned, possessed, and used said ditches for that purpose for thirty years last past; that the three ditches have an aggregate capacity to carry 230 inches of water, measured under a four-inch pressure, and that plaintiff now owns the said water and the whole thereof, and has the right to have the same flow undisturbed to, upon, and across his land, and to and through his ditches; that plaintiff is informed and believes that defendants, and each of them, claim some…

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