178 IRRIGATION INVESTIGATIONS IN CALIFORNIA. 



to cultivation, has been largeh* obliterated. Thus closes the first chapter in the liti- 

 gation over the Cache Creek waters. 



In 1871 the Clear Lake Water Company- began" the construction of a dam at the 

 head of the Capay Vallej', a short distance above where Rumsey Station now stands. 

 This ditch was not completed and put into use until 1874. Originally it extended 

 some 9 miles down the valley, but was never used be^'ond Guinda, 6 miles below 

 the point of diversion. Near the head the lands were nearlj- all watered, but below 

 the use was not general. July 31, 1876, two years after the ditch was completed 

 and used, complaint was filed by the Woodland Ditch Companj^ against the owners 

 of this ditch. Again Moore's title to the waters of Cache Creek, "all of them," as 

 derived from Gordon, was set up. Among other modest affirmations of the com- 

 plaint are — ' 



The said ditch, at its full capacity, is capable of carrying about 80,000 cubic feet of water per 

 minute; 



That the amount of the waters so diverted by the defendant was 2,000 feet, all of which belonged 

 to the plaintiff by jirior appropriation and right of pro{)erty, and which would have, had it not been 

 so diverted, flowed into the ditch of the plaintiff, and could have been sold at the rate of $4 per foot. 



The plaintiff prays for an injunction restraining the defendant from taking any 

 water from the creek belonging to the plaintiff, and asks that the court will determine 

 b}^ its decree the rights of the plaintiff and defendant to the waters of Cache Creek. 

 For answer the defendant denies the allegations of the plaintiff and attacks the 

 legality of the Woodland Ditch Company as a corporation. 



The plaintiff was nonsuited and costs taxed at IS^S.OS were awarded to the 

 defendant. 



August 30. 1878, James Moore again appears in his own name with a new com- 

 plaint. He claims: 



That he is the owner of the right to divert all the waters of Cache Creek flowing through the 

 creek at the connnencement of the Moore Ditch, except at times of high freshets. 



That the ditch is 18 feet wide and 10 feet deep, and that he is informed and believes the same is 

 capable of carrying 180 cubic feet of water running at a velocity of 4 feet jier second. 



That he is entitled to have the waters of said creek flow uninterruptedly down the creek and 

 into and through his ditch at all times when there is not water in said creek in excess of said amount. 

 Later this complaint is amended to show that Moore is a riparian owner. 



For answer the Clear Lake Company admits the diversion of the waters, but 

 enters a denial of all the alleged rights of the plaintiff and further denies: 



That the water diverted by the defendant is or could be of any value whatever to the plaintiff, and 

 avers, according to and upon its information and belief, that none of the water which is or ever has 

 been diverted to the defendant's ditch ever could or would reach the point in the natural channel of 

 said creek where plaintiff claims the right to divert the same; and, on the contrary, that all the waters 

 flowing in said creek, at the point where the defendant diverts the same, was before such diversion, 

 and if not <liverted would continue to be lost and absorbed in the earth and in the air before it reached 

 the point where plaintiff claims the right to divert the same; and that all the water which ever did 

 flow in Cache Creek at the jxjint where the plaintiff claims the right to divert the same rises in springs 

 and collects in watersheds situate below the point where defendant diverts water from said creek, and 

 wholly inde))endent of the water flowing in said creek at said last-named point. 



The defendant also avers: 



That it has l)een in sole and uninterrupted possession of all waters, water rights, franchises, and 

 property which it now holds, and which it is charged in said complaint with holding, without 

 interruption, for more than five years previous to commencement of suit. 



