Daily Los Angeles herald., 1879-08-16
TPE C0RaLLITOS DITCH.
The Contest Decided in Favor Of tho City
Full Tezt Of the Decision

We present TO our II aaers to-day
the full ttxt of Judge Stephens
decision in Tie important Gaze ill
volving the question of the eXclus-
i've use Of ore hundred inches of
water from the river by Elms and
Others through the COrallitos
Ditch. BY this decision they are
relegated to their right as residents
of the City TO use the water of the
river rs other citizens use it on ap-
plication to the City Zanjero. The
decision is as follows:
HENRY ELMs ET AL. VS.. CITY OF
Los ANGELES = 18th District
Court.
This is an action brought in the
District Court of Los Angeles coun'
ty, whereby the plaintiffs seek to
restrain the defendant from divert.
ing certain waters from the Chavez
or Corallitos ditch. Application is
made before me, under section 525,
Civil Procedure, which vests the
County Judge with power to grant
writs of injunction.
The application is made upon
complaint, answer and anidayits
on file.
The complaint alleges that plain
tiff5 own and are in possession of a
certain ditch, which commences at
a point on the right bank of the
Los Angeles river, in the Rancho
Los Feliz, q short distance above
the western line OF the city, and
runs thence through lands owned
by plaintiffs, and terminates at a
point in the city of Los Angeles, on
the Los Angeles river, which ditch
is commonly known as the Chavez
or Corallitos ditch. That the said
ditch was constructed more than
thirty years ago by one Crystobal
Aguilar, under whom plaintiffs de-
raign title to the lands through
which said ditch passes, and that
since its construction it has been
used by plaintiffs and their grant
orso penly, y,notoriously continuous
Iy, exclusively, peaceably, unin'
terruptedly and adversely for con.
ducting water from the Los Ange'
les river, amounting to 100 inches
of water under four inch pressure,
to and over the lands of plaintiffs,
for domestic use and for irrigating
their said lands.
That said lands are situated on
the river Los Angeles, and bound
ed on one side thereby. :, w..
the 25th day of May, 1879, defend
ant obs.ructed said ditch at or neal
its head, and did divert and contiD'
ue to divert from said ditch all the
water of said river, and did prevent
any water from flowing therein t
or over the lands of plaintiffs.
That each of said plaintiffs has
under cultivation on his lands va
rious crops which require frequen'
, irrigation, and that they are wholly
dependent on said water to irrigatt
their crops. That said plaintiffs
, have been injured by reason OF thu
: diversion of said water, and tina
unless the defendant be forthwith
restrained, most of the growing
crops on said land will perish, ant
the remainder of said crops Will bl
t seriously injured.
q Three aflidavits are produced il
4 support of the application in sub
stantially the same language a
4 the complaint. These affiidavit
' are sworn to by three of the plain
e tiiis in the case.
: The answer duly, verified, denie
the ownership, construction ant
possession of the ditch, denies tha
e it has been used by plaintiff or n.
l. other person for so years or an,
g other time for the conduct OF waite
s from the river, for domestic or ir
Q rigatfng purposes, openly, notel
Q ously, continuously, peacably, un