Erickson v. Queen Valley Ranch Co.
California Court of Appeal
99 Cal. Rptr. 446 (1971)
Relevant factsFree
John Pedro's original appropriative water right on Morris Creek used a stone-lined ditch that lost roughly five-sixths of the diverted flow to evaporation and seepage over its 2.5-mile course to his property (Queen Valley's predecessor, plaintiff), while Erickson (defendant) obtained a subordinated pipeline permit to transport up to five second-feet of the same creek; when Erickson's pipeline installation temporarily stopped flow to the Queen Valley property entirely, Queen Valley sued to quiet title to the water, and the trial court ruled for Queen Valley.
IssueFree
Whether an appropriative water right may be forfeited if the appropriator fails to put the rights to beneficial use.