City of L.A. v. L.A. Farming & Milling Co.

The plaintiff is a municipal corporation. Its corporate territory is situated on the Los Angeles River, an unnavigable stream which rises in the San Fernando Valley several miles above and northerly of the city and flows southerly until it reaches the northern corporate boundaries of the city. The defendant is the owner in fee of land on and riparian to said river and situated about ten miles above the city. The plaintiff claims, as successor of a Spanish and Mexican pueblo, the prior and paramount ownership of the use of the water of the river from its source to the city and from the surface to bed-rock, so far as the same may be necessary to give an adequate supply of water for the use of its inhabitants, and for municipal and public uses and purposes of plaintiff. Defendant denies that plaintiff has any such asserted ownership and claims that as owner in fee of the said land, and as part and parcel thereof, it has the riparian right to the use of the water of the river as it flows through its land. This action was brought to quiet plaintiff’s title and ownership of the use of said water as above stated, and to have it adjudicated that any right which the defendant may have to…