OCR Text |
Show -23- passing upon the right to pollute water of a prior appro- priator, said: "What diminution of quantity, or deterioration in quality will constitute an invasion of the rights of the first appropriator will depend upon the special circumstances of each case, considered with reference to the uses to which the water is applied. A slight deterioration in quality might render the water unfit for drink or domestic purposes, whilst it would not sensibly impair its value for mining irrigation. In all controversies, therefore, between him and parties subsequently claiming the water, the question for determination is necessarily whether his use and enjoyment of the water to the extent of his original appropriation have been impaired by the acts of the defendant. This is substantially the rule laid down in Hill v. Smith, 27 Cal, 483, Yale, Mines, 194. But whether, upon a petition or bill asserting that his prior rights have been thus invaded, the court of equity will interfere to restrain the acts of the party complained of, will depend upon the character and extent of the injury alleged. *** *** *I* *** The injury thus sustained, and which is only to a limited extent attributable to the mining of the defendants, if at all, is hardly appreciable in comparison with the damage which would result to the defendants from the indefinite suspension of work on their valuable mining claims." It is my opinion that the question in this case is whether the Salt River Valley Water Users' Association has been reasonable and equitable in its distribution of the water. As pointed out above, the evidence shows that it is im- |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |