IRRIGATION INVESTIGATIONS ON CACHE CREEK. 179 



The amended answer of the defendant denies the amended complaint. Again 

 Moore is nonsuited, and costs to the amount of $228.30 are taxed against him. 



September 3. 1880, Moore files a new complaint with the superior court. Com- 

 plaint and answer in this case are practically identical with the last proceeding. 

 Judgment was rendered for the plaintiff August 20, 188^. It read as follows: 



The court finds: 



(1) That all the allegations of the complaint are true, except that the capacitj- of the ditch of the 

 plaintiff described is 432 cubic feet of water i>er second. 



(2) That all the allegations of the answer herein are untrue. 

 Ordere<l, adjudged, and decreed: 



(1) That plaintiff is the owner of and entitled at all times to appropriate and take out of the 

 waters of Cache Creek 432 cubic feet of water per second at the head of that certain water ditch 

 belonging to plaintiff and generally known as the Woodland or Moore Ditch; to direct said waters 

 into and through said ditch; and to use the same and furnish the same to others to be use<i for 

 domestic, stock, and agricultural purix)ses, all without any interruption on the part of the defendant. 



(2) That defendant, and all and each of its officers, servants, agents, and employees, l>e and are 

 hereby forever enjoined and restraine<l from diverting any of the waters of Cache Creek by any means 

 whatever, or in any manner whatever interfering with the natural flow of water around said creek, 

 and in the plaintiff's said ditch, at any and all times where there is not sufficient water naturally 

 flowing in and down said creek to supply plaintiff's said ditch with the full amount of 432 cubic feet of 

 water per second. 



(3) That plaintiff recover costs taxed at $459.99. 



By what evidence the court was guided in fixing the amount of the appropriation 

 at 432 cubic feet per second does not appear, as the testimony was never transcribed. 

 There is no evidence in the works as they exist to-day that any such volume ever 

 was or could have Ijeen carried by the Woodland Ditch. 



The case was appealed. The only important points raised in appesl were the 

 sufficiency of the complaint and findings to support the judgment. The judgment 

 was affirmed and a rehearing denied. 



The Clear Lake Comiianv's enterprise was abandoned. A few of the landowners 

 in the vicinity of Runisey keep up the headgate and temporary dam. so that occa- 

 sionally a little water is taken through the ditch for their orchards and gardens and a 

 few small patches of alfalfa. The area irrigated is about 100 acres. Plate XVI shows 

 the condition of this ditch at the present time. The water now used is carried in 

 the small flume shown on the lower bank. These people at Rumsey claim as riparian 

 owners, but their rights are unrecorded and undefined, and all that has protected 

 them from ruinous litigation is the insignificance of the volume diverted. 



The Clear Lake Company also began the construction of extensive works a short 

 distance above the town of Capay. Here they built a substantial timber dam and 

 did some work on two canals designed to water a large portion of the valley on both 

 sides of Cache Creek. These works were also abandoned. Plate XVI shows the 

 ruined dam. It is estimated that the Clear Lake Company has in all spent some 

 $150,000 on its various enterprises in this localitj". 



On the farm of D. Q. Adam;?, a few miles east of Caj)ay, on the north side of the 

 creek, a small ditch was constructed in 1870 to irrigate a vegetable garden conducted 

 by some Chinamen. This was enlarged and extended in 1871 or 1872, and again in 

 1878, and still again in 1882. The ditch as originally constructed in 1870 carried 3 

 or i cubic feet per second and watered about 20 acres. By 1888, through changes. 



