The herald., 1896-09-15
A BIG WATER SUIT
Which Travefses the Points Raised In Former
Suits

Which Traverses the Points Raised In Former
Suits
The West Los Angeles Water COM
pany has filed complaint against the
city of Los Angeles in the United States
circuit court to quiet title to certain
lands, waters, water rights, etc.
1t is stated in the complaint that the
Los Angeles river rises on the rancho
San Fernando, to the north of the city,
and the lands patented to the city, and
to the west of the rancho Providencil,
and flows across and over the rancho,
down to and through the rancho Los Fe-
liz and the rancho San Rafael, form
ing the common boundary of the said
two ranches for a considerable dlstancs,
and flows into the city and the lands
described in the city's patent at the mid :
ole point of the northern boundary of
the said city.
The West Los Angeles Water company
is the owner of that certain real prop
erty, lot numbered of Block numbered
%, the said tract of land being in the
rancho Providencia, granted to the said
Vicente de la Osa. and patented to David
w. Alexander and Francis Mellus
In the summer of 1895 j. A. Pirtle and
George Hanna acquired from the rancho
Providencia all the waters developed
on and then following from that certain
real property Sltudteu III tIlC Couity "a
Los Angeles, as follows: Blocks 81 and
A of the subdivision of the rancho
Providencia and Scott tract, and also all
the right to develop water on farm l0ts
90. 23, 81 and 3S, and the north half OF
lot 44 and also acquired right or way
for a pipe line leading from the north
half of block A of the rancho over and
across the rancho Los Feliz, including
that part known as the Lick tract, and
thence westerly to Hollywood in the
Cahuenga valley, and over body of land
west of the city. including tract re-
Gently annexed to the city.
Pirtle and Hanna began to develop the
water Immediately upon requirement
of right, and the defendant company,
as successor to their rights, developed
prior to January 1, 1896, a body of
water not less than a constant flow Of
600 inches, measured under a four-incn
pressure.
The city of Los Angeles, however,
claims, as the successor of the Mexican
pueblo of Los Angeles. and also by sew
eral acts of the legislature purporting
to grant to the city the sole and exclus-
i've right to the waters of the Los An
geles river. and as owner of all the
waters flowing into the river from its
sources to the southern boundaries of
the city and of the right to develop wa
ters percolating under the bed of the
river. The whole space between the
bases of the mountains upon each side
of the Los Angeles river above the
northern boundary of the city, and in
Guiding the tract whereon the plaintiff
company is operating. constitutes a
portion of the bed of the Los Angeles
river within the meaning of the acts &C
the legislature
Very naturally, the plaintiff denies
such contention and believes it to
be unfounded in law, and the title under
which the specific lands are held is good
and valid. Notwithstanding, the mar
ket value of the property has been i'm
paired and the stock of the company
deprecated to the extent of $50, 900. The
value of the property in controversy IS
placed at $1,000, 900, and the cost of the
pipes now being laid at $3.50, 900. Within
two weeks the pipe line will be COM
pleted ready to turn water on for dis
tribution. The city has threatened, If
water is turned on, it will divert the
water into the bed of the Los Angeles
river and will commence an action in
the superior court to enjoin the plain
tiff from using the water.
This is how the case stands, and plain
tiff asks that the court establish 1t in
its rights and enjoin the city from ever
asserting any claim to the property. A
further claim Is made for $4,000 dam
ages. and that an injunction issue re-
straining the city from Interfering in
any way with the operations of the
plaintiff company.