Water Bights—Title of City — Appropriation — Riparian Lands— Injunction.—Where a city is entitled to divert the waters of a river for municipal purposes, and for the benefit of its inhabitants, a corporation owning riparian lands, which has diverted a portion of the waters of the river for purposes of sale and not for use upon its riparian lands, it not appearing that its lands were susceptible of cultivation, or could be injured by deprivation of the water flowing in the stream, is not entitled to an injunction against the city to protect its riparian rights, especially in view of the fact that the injunction, if issued, would not have the effect to cause the water to flow over or along its riparian lands as it was accustomed to flow.

Id.—Diversion by Plaintiff — Adverse User. — The diversion by the corporation plaintiff of a specified quantity of water for sale, made while the city was actually diverting the stream, where it does not certainly appear when and for how long a time plaintiff was able to take and sell that quantity of water, or whether its use of the water is not permissive, is not sufficient evidence of adverse user to entitle the plaintiff to an injunction against the city.

Id.—Superior Rights of Mexican Pueblo to Waters of Stream.— A Mexican pueblo was entitled to the use of so much of the waters of a stream flowing through the pueblo as was necessary for municipal purposes, and for the supply of its inhabitants, and this right was superior to that of riparian proprietors.

Id.—Rights of City as Successor to Pueblo—Sale of Water to Outside Parties — Unauthorized Acts of Officers.—The rights of a city as successor to a Mexican pueblo are confined to the rights of the pueblo, and it has no power to appropriate water to sell to outside parties, for a profit, for use on extra-municipal lands, and the city can acquire no rights by the unauthorized acts of its officers in making such sales.

Id. — Limitation of Powers of City — Unauthorized User. — A city can obtain no title to water through a continuous use which is forbidden, and which involves the continuous exercise of powers with which the corporation is not vested.

Id.—Source of Powers of City — Grant not Presumed — Judicial Notice.—The powers of a city are derived from its charter, and from public laws, of which the courts take judicial notice; and the exercise of powers by its officers, in excess of their authority, for a great length of time, will raise no presumption of a grant to the city of such powers.

Id.—User of Water by City—Evidence of Reputation.—For the pur- „ pose of showing that the city had the use of the waters of the stream under a claim of right for more than thirty years evidence is admissible to prove that it was matter of common reputation that the city claimed and had control of the water during that period.

Id.—Improper Decree.—Where there is no evidence to show that there was any developed or artificial water in the stream, and no evidence to support a decree adjudging that a codefendant owning riparian lands immediately above the riparian lands of the plaintiff is entitled to divert for sale to nonriparian owners all the artificial water which the city permits to flow past, besides four-fifths of the natural flow of the stream, and limiting plaintiff’s right to one-fifth, when there was only sufficient water to supply the uses required for their riparian lands, and making further disposition of the water when there is more than is required for such needs, and professing to protect the riparian rights of the parties in a manner inconsistent with such rights, the decree will be reversed upon appeal.

Id.—Nature of Riparian Rights—Appropriation.—The riparian owner is entitled to the continuous flow of the stream as part and parcel of the estate, and not as an easement or incorporeal right issuing out of the land, and he does not own the corpus of the water, but, incident to his riparian right, has a right to appropriate a certain portion of it, and an appropriator cannot acquire a right to any of the waters of a stream to the prejudice of a riparian owner, by any use, except under the statute of limitations.