... In the Supreme Court of the State of California: Charles Miller... Vs. Bay Cities Water Company, a Corporation... Garret W.McEnerney, Walter Rothchild, Attorneys for Appellant...1909 - Water rights |
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20 million gallons accompanying this brief actual measurements amount of percolations amount of water appellant artesian belt artesian strata beneath Blackford Brief of Respondent Brief of Respondent-Cont'd contention counsel for respondent Coyote River Coyote Valley decree defendant defendant's plant depression discussion distance divert effect of pumping entire evidence shows fact feet finding flood flow fols full capacity gallons per day given in footnote gradient injunction land lost by percolation lower gorge lower the water Madera Canal measurements in evidence Miller region non-riparian percolating water plaintiff pliocene gravels prohibiting pumping plant rainfall references there given respondent's brief riparian riparian rights sank Santa Clara valley seasonal fluctuation sources of supply square miles storm waters stream bed stream flow Stream gauging subterranean water Supra testimony tion trial court underground gravels underground waters upper gorge volume of water waste flood waters water level water percolating water plane water sinking
Popular passages
Page 222 - There is no power the exercise of which is more delicate, which requires greater caution, deliberation and sound discretion or more dangerous in a doubtful case than the issuing of an injunction.
Page 130 - Finally, upon this proposition, it may be said that where the interests of the public are involved and the Court can arrive in terms of money at the loss which plaintiff has sustained, an absolute injunction should not be granted but an injunction conditional merely upon the failure of the defendant to make good the damage which results from its work.
Page 43 - is necessary for use on his land, and the appropriator may take the surplus.
Page 24 - the fact that there is no evidence in the case as to the amount of
Page 40 - river through said gorge, or would flow or percolate through said gorge underneath the surface thereof.
Page 43 - Such rights are limited at most to the quantity necessary for use.
Page 35 - the judgment of the lower court (so far as it relates to
Page 213 - (Pomona Land etc. Co. v. San Antonio Water Co., 152 Cal. 618, 629,
Page 8 - the ownership of land which is contiguous to and touches upon the water.