AZ vs. CA:19 California Exhibits, Vol. XIX; Nos. 4000-4044

page III-50

by Sullivan's ditch interfere with the water rights of the present owners of the Hunter Brothers' ditch. The water supply of said creek seems, from the evidence, to be sufficient to meet the present demand on it till July 1st of each year. After that time it usually becomes scarce, and is insufficient to satisfy the wants of all parties claiming rights thereto. The contestants Christianson and Gallahan did not acquire any right to divert water from said creek prior to the time Evans commenced the construction of his ditch, nor till some time in the spring or summer of 1867. The evidence shows, that there has been a number of appropriations, or attempted appro-[9] priations, of the water of said creek since the Evans appropriation. Among these are, the Gallahan and Bitney ditch (1867), with a capacity of two hundred and fifty inches; the Zigler ditch, now owned by contestant Christianson (1867), capacity not stated; two mining ditches (1876 and 1877), capacity not stated; and two irrigating ditches, about the latter date, each with a capacity of one hundred inches. Evans, when he sold this ditch and water right, with other property, represented to Sullivan that he was the owner of it, and in this case he testifies that he appropriated the water from said creek--he thinks, about four hundred inches--in 1866; that he claimed all the water his ditch would carry, and that his right to the water was not held "by sufferance or permission of Albert W. Pillsbury, Sacket & Penn, Bonaface Zigler and John Bitney, with the understanding that his ditch should have no water III-50