Eldridge

This is an appeal from a judgment awarding damages resulting from the wrongful diversion of riparian waters by appellant from a natural creek which crosses the respondents’ land.

Respondents, who are the owners of a 160-acre parcel of land in Lassen County, alleged that the land is riparian to Beaver Creek, which flows across the land in question; that by virtue of their ownership of said property bordering on Beaver Creek they have for more than 70 years used, and now are using, all of the water therefrom (except as such use has been interfered with by the appellant) for stock, domestic and agricultural purposes; and that all the water of Beaver Creek has been, and still is, reasonably necessary for those purposes. The complaint further alleges that the appellant unlawfully dammed up Beaver Creek at a point upstream from the land of respondents and diverted water out of the natural channel of the creek in 1954 and 1955 with the result that water failed to reach respondents’ property in sufficient quantity to water respondents’ cattle.

The record shows that normally Beaver Creek has a continuous flow until July when the creek dries up in the area of respondents’ 160-acre parcel…