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Pacific Live Stock Co. v. Read

Good Law
5 F.2d 466·1925 U.S. App. LEXIS 2682
United States Court of Appeals for the Ninth CircuitMay 11, 1925No. 4425California1,573 words

Opinion

Lead Opinion

Ross, J.

The decree appealed from in this case adjudged the complainant in the suit (appellant here) the owner of certain specifically described parcels of land known as the “Big Creek ranch,” of which at least 200 acres have been under cultivation for more than 25 years and devoted to the raising of hay, grain, alfalfa, and garden and orchard produce, and that at least 300 acres have been fenced and used as pasture land; that the complainant has a prior right to that of the defendant to the suit (appellee here) to sufficient of the waters of Pass creek, Big creek, and of Boyd Basin creek, and of any streams intercepted by the complainant’s Boyd Basin creek ditch during the irrigating season of each year to irrigate the described land, the necessary amount of which water for that purpose being 7Yz cubic feet per second; that, in so far as Big creek and Pass creek can supply that needed water, it should be taken first from those streams, after the taking of all of which, at the point where the same enters the ranch, the complainant is entitled as a prior right and prior to any claim of the defendant to the suit to divert from Boyd Basin creek, and from the ditch leading from Boyd Basin…

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