The herald., 1893-10-10
SAN ANTONIO WATER DECISION

An Attempt to MonOpoiize Mountain
Stream Broken.
Following is Judge Van Dykes deci-
sion in the matter OF the preliminary
injunction aeked by the San Antonio
Water company and Pomona Land and
Water company against the operations
of the Sierra Water and Power company
ct al. This is not final. for the case is
yet to be tried on its merits:
For more than 10 years prior to the
commencement of this action the plain
tiff corporations have diverted and dis
trlbuted for use among their respective
stockholders all water flowing down the
Santonio csilon, except 20 inches thereof
appropriated by and belonging to one
| Dexter.
At the dam in said cafion, near it's
mouth, the waters appropriated by and
belonging to said companies is equally
divided; the san Antonia Water COM
pany. taking one-half thereof on the
eastern side Of the stream, and con-
ductng the same in a south-easterly di-
rection through its pipes and aqueducts
to the Ontario settlement or colony, 80
called, down to Ontario, and distribut-
ing said water to the inhabitants of the
town of Ontario and the owners of lands
in said colony, for irrigation, domestic
and other uses and purposes: and the
Pomona Land and Water company, by
means of bitches and aqueducts, di-
verting the other onehalf of said wa
ters and conducting the same to lands
in the city OF Pomona and it's vicinity,
in the Loop and Meserve tracts, and
furnishing and distributing the same to
the inhabitants OF the city of Pomona
and inhabitants of the Loop and
Meserve tracts and to other lands in the
San Jose ranch and adjacent thereto,
for irrigation, domestic and other pur-
poses.
The defendant, corporal ion, has
commenced the excavation of a tunnel
up the cafion some five or six miles
from it's mouth, for the purpose of de-
veloping water, intending to convey
the came down and out of the csfion and
upon land for the purpose OF irrigation
and other uses.
1t is alleged upon the part of the
PLAINTIFF that the tunnel is constructed
30 near the channel of the creek es to
draw some of the water from the said
stream and from springs and cenegas
adjacent thereto which would otherwise
HOW luLO bdlu bbIChLny anu bnhb bnC lut"
ther prosecution of said tunnel will in
crease the amount of water which would
be diverted from said stream.
The defendants On the other hand
deny that the tunnel. as already con-
structed, has drawn off or diminished in
any degree the water that would other
wise flow into the stream, and deny
that the further construction OF the
tunnel in the direction and at the depth
below the surface proposed, would have
the effect to draw off, diminish or other
wise divert any of the water that would
otherwise flow into the stream.
At the hearing of the application for a
preliminary injunction. a large number
OF affidavits were read on each side and
the Gaze fully argued. At the conclu-
sion OF the argument it was proposed by
counesl for the respective parties that
the Judge OF the court should visit the
premiees, which was done in company
with the attorneys, engineers and sur
veyors for the respective parties.
From the showing in court at the
hearing of the application, as we'll as
from personal inspection Of the prem
ises as aforesaid. it does not appear that
anv diminution or diversion OF the
waters flowing into the creek or that
would otherwise flow into the creek, has
30 far occurred, nor is it at all certain or
even probable, that the continuation of
the tunnel along the line at the depth
below the surface proposed, would re-
suit in any diminution or diversion of
any water that would otherwise flow
into the stream and to which the plain
tiffs are entitled.
In view OF the large mum Der of people
and vast interests depending upon the
distribution of water by the plaintiff
corporations in it's accustomed and un-
diminished flow, it is not strange that
apprehension of interference with such
water right should be aroused whenever
other parties attempt to explore said
caiion for water, Still. in order to JUS
tlfy the court in restraining such parties