Opinion
In bank. Appeal from superior court, county of Sierra.
Action for damages for diversion of water to the use of which the plaintiff claimed to be entitled, and for an injunction against further use of the water by defendant. It appears that plaintiff had appropriated water upon the public lands of the United States before any private claim to the land had been made. Defendant subsequently acquired title to the land upon which the water rose, and through which it flowed to plaintiff’s lands, and diverted the same, to plaintiff’s injury. COUNSEL
[2 Cal.Unrep. 698] M. Farley and R. H. Lindsay, for appellant.
Van Clief & Wehe, for respondent.
OPINION
THE COURT.
The case shows that the water in controversy, while situate upon public land of the United States, was appropriated by the plaintiff prior to acquisition by defendant of any right or title from the government to the land upon which the water is situate.
Judgment and order affirmed.