338 IRRIGATION INVESTIGATIONS IN CALIFORNIA. 



(2) That the river of Los Angeles rises several miles above the former pueblo of Los Angeles and 

 runs down through said pueblo, and during the occupation and control of said pueblo by the Mexican 

 Government the municipal authorities at all times exercised control of and claimed the exclusive right 

 to use the waters of said river and all thereof, which right was duly recognized, acknowledged, and 

 allowed by the owners of the land at the source and bordering on said river, including the grantors of 

 the plaintiffs; and that ever since the occupation and control of said pueblo by the Government of the 

 United States and that of the State of California the municipal authorities of what is now the city of 

 Los Angeles have exercised the same control and claimed the same right in regard to the water of said 

 river as was previously done by the authorities of said pueblo, except within the last two or three 

 years, when the right of said city to said waters has been disputed by the plaintiffs and others, and a 

 right claimed by them to use said waters; that the municipal authorities of said pueblo and city 

 exercised control of said waters, and claimed the exclusive right to their use as aforesaid, for the 

 purpose of irrigating the lands of said pueblo and city, and for domestic use of the inhabitants thereof. 



(5) That the water of said river is necessary for the irrigation of the land within said city, and so 

 confirmed as aforesaid, and also for the domestic use of its inhabitants, but until within the last two 

 or three years all of said water has not been required in said city. For the last few years during the 

 irrigating season, all of said waters, as they naturally flow in said river, have not been sufficient for 

 the irrigation of the irrigable portion of said lands and the domestic use of said inhabitants; and said 

 city, at an expense of more than $100,000, has constructed reservoirs to husband and save said waters 

 for uses in said city; that a large portion of the irrigable lands of said city are not irrigated, and never 

 have been irrigated, which will require more than all the waters of said river, with present facilities 

 and resources of said city for husbanding and supplying the same. That said city has been supplying 

 the inhabitants of said city with said water for uses aforesaid, and when there has been more than has 

 been required for use in the city it has and still does sell to parties residing without, and to be used on 

 lands without the city. 



(6) That ever since about the year 1844 the plaintiffs and their grantors have owned, possessed, 

 and cultivated the land claimed by them in their complaints, and have ever since irrigated the 

 same from said river through the respective ditches maintained in the respective complaints, to wit: 

 The Chavez and Feliz ditches, to about the same extent as now irrigated by the plaintiffs using the 

 water, also for domestic purposes; and the waters of said river are necessary for the irrigation of said 

 lands and for domestic use. But the uses of said waters were originally by permission and under 

 consent from the municipal authorities of said pueblo, and have ever since been with such permission 

 and consent, and not adversely nor claimed as of right until within the last three years, during which 

 time (the la,st three years) plaintiffs have claimed, and still claim, the right to use said waters on their 

 land and for domestic purposes. 



(7) That plaintiffs are the respective owners of the parcels of land claimed by them in this 

 complaint, and the respective ditches therein referred to are used and are necessary to irrigate the 

 same; and said ditches have always been in the exclusive possession and control of said plaintiffs and 

 their grantors from about the year 1844 until the 25th day of May, 1879. 



(8) That on the 25th day of May, 1879, the plaintiffs were, respectively, and for several days prior 

 thereto, diverting through said ditches, to the extent of about 100 square inches in each of said ditches, 

 the waters of said river to and upon their respective tracts of land aforesaid, and using the same 

 thereon for irrigation and domestic purposes, and the same was no more than was reasonable and 

 necessary therefor. By rea.son of such use by plaintiffs water became diminished in .said river, and 

 suflScient thereof could not and did not reach said city or its waterworks (plaintiffs' said ditches having 

 their points of diversion above said city and its waterworks) to supply what was reasonable and 

 nece8.sary for irrigation and domestic use in said city; and by reason of such diversion by plaintiffs a 

 number of the inhabitants of said city were deprived of what was reasonable and necessary for the 

 irrigation of their land in said city, and for their domestic purposes; and the defendant city lost on its 

 sale of said waters more than $50 on account of the diversion in each of said ditches, respectively. 

 Wliereu])on, on that <lay, and in order to supply the inhabitants and land of said city with sufficient 

 water for said purposes, and in order to regulate and control the distribution of said waters in the 

 most beneficial and regular manner, the said city, by its officers and agents, entered upon said ditches 

 at their respetttive heads and returned the water therein to said river and placed therein headgates. 



