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Show -22- In the case of Naches and Cowiche Ditch Company v. Weikel, et al, 151 Pac. 494, the plaintiff sought to enjoin the defendants from allowing water used for irrigation to flow from their lands to Cowiche Creek from which they secured their supply of water, the plaintiff having a prior right to the water. The plaintiff alleged that it was being damaged by the defendant's polluting the water. The Court in disposing of this question, used the following language: "And so, in this case, this natural stream is a natural outlet for the drainage of waters from these highlands. The proprietors of these highlands adjoining this natural outlet have the same right to drain their lands into this creek that the plaintiff does to take the water from the creek; and so long as the defendants make a reasonable use of the stream, and are not negligent in conveying waste waters into the stream, we are satisfied, under the authorities above quoted, that the plaintiff has no right to complain of the reasonable use of the stream by the upper proprietors, even though there is a slight damage to it by reason of the water being slightly polluted. The plaintiff must accomodate its appliances for irrigation to the conditions which a reasonable use may requre. As we have indicated above, the only damage that is shown by the appellant is that some silt has settled in its canal and in the pipes used for irrigation. Until the plaintff can show an unreasonable use by the defendants in conveying waste waters into this creek, there is clearly, we think, no cause for an injunction." The Supreme Court of the United States, in the case of John S. Atchison v. Peterson, 22 Law Edition 414, in |
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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. |