Pacific Gas & Electric Co. v. United States

This action was brought by the government of the United States to recover $19,-861.65 as damages for trespass upon its land described in the eomplaint by the appellant in the construction and maintenance thereon of certain ditches for the diversion of water. The appellant answered the complaint admitting the amount of damage but setting up its claim to the right of way for the ditches and canals in question. It predicated its right to a canal known as the Miocene Canal in Butte county upon the use thereof continuously from and after the 1st day of January, 1884. It is alleged that this canal is used as a means of diverting and appropriating waters from the North fork of the Feather river, a nonnavigablo stream, on public lands of the United States in Butte county, Cal., and of conveying such water for distribution and sale for mining, manufacturing, agricultural, domestic and municipal use. It bases its right so to do upon section 2339, U. S. Rev. St., enacted in 1866 ( 14 Stat. 251 [43 USCA § 661]). This section recognizes the appropriation and use of water upon public lands in accordance with “local customs, laws and decisions of courts,” and grants the right of way for…