Hilbert

This is an appeal from an order denying the application of Marie Robbins Hilbert, a citizen and resident of New York, for an injunction pen-dente lite. The application was heard upon a complaint, affidavits, and oral testimony. No answer was filed. The city of Yallejo, Cal., and its officials, and the Kaiser Paving Company, a California corporation, are defendants.

Plaintiff is owner of a large tract of land immediately adjacent to the channel and waters of Suisun creek, which rises partly in Gordon valley and partly in "Wooden valley, Napa county, California. Two branches of the creek flow south and unite in one stream in Napa county, thence flow south as Suisun creek, through Suisun valley, into Solano county. Suisun creek is a natural stream, with definite channels and banks. It has a considerable fall in the upper portion and empties into Suisun Bay.

The city of Yallejo chose a dam site at the entrance to Gordon valley, a mountainous valley on the Gordon valley branch of Suisun creek, and has constructed a dam of size sufficient to impound all of the waters of Gordon valley creek, intending to store, in the reservoir behind the dam, 10,000 acre feet of water (if that…