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Probate Law and Practice, 22, 38-58.

As to succession of husband and wife to each otlier, see 12
A. S. 82.



§ 1401. DISTRIBUTION OF COMMUNITY PROPERTY ON

DEATH OF WIFE. Upon the death of the wife, the entire
community property, without administration, belongs to the
surviving husband, except such portion thereof as may have
been set apart to her by judicial decree, for her support and
maintenance, which portion is subject to her testamentary
disposition, and in the absence of such disposition, goes to
her descendants, or heirs, exclusive of her husband.

History: Enacted March 21, 1872, founded upon § 1 Act April
17, 1850, Stats. 1850, p. 255, as amended April 4. 1864. Stats.
1863-4, p. 363; amended April 30, 1874, Code Anidts. 1873-4, p.
238.

See Kerr's Cyc. C. C. for 17 pars, annotation.

63 C. 12, 14 (cited in discussion); 74 C. 523, 525, 5 A. S. 464.
16 P. 315, 316 (construed and applied); 80 C. 208, 209, 13 A. S.
116, 22 P. 141, 142 (applied); 88 C. 283, 287, 26 P. 91, 92 (applied);
40 P. 35 (cited); 110 C. 277, 290, 42 P. 822 (held not applicable^;
112 C. 387, 395, 44 P. 734 (construed); 126 C. 30, 33. 58 P. 324
(applied); 143 C. 292, 295, 76 P. 1108 (applied); 148 C. 695, 698,
84 P. 175 (applied); 149 C. 200, 206, 85 P. 147 (applied); 150 C.
682, 689, 89 P. 833 (referred to).

As to law of succession, see note § 1383, ante: 1 Church's New
Probate Law and Practice, 22, 38-58.

As to succession to community property, see 12 A. S. 90.

761



§§ 1402, 1403 CIVIL CODE. [Div.II.PtJV.

§1402. DISTRIBUTION OF COMMON PROPERTY ON
DEATH or THE HUSBAND. Upon the death of the husband,
one-half of the community property goes to the surviving
wife, and the other half is subject to the testamentary dispo-
sition of the husband, and in the absence of such disposition,
goes to his descendants, equally, if such descendants are in
the same degree of kindred to the decedent; otherwise, accord-
ing to the right of representation; and in the absence of both
such disposition and such descendants, is subject to distribu-
tion in the same manner as the separate property of the
husband. In case of the dissolution of the community by
the death of the husband, the entire community property is
equally subject to his debts, the family allowance, and the
charges and expenses of administration.

History: Enacted March 21, 1872, founded upon § 11 Act
♦April 17, 1850, Stats. 1850, p. 255, as amended April 4, 1864, Stats.
1863-4, p. 363.

See Kerr's Cyc. C. C. for 67 pars, annotation.

77 C. 313. 314, 19 P. 527, 528 (applied); 81 C. 240, 242, 243
(applied), 22 P. 655, 656, 657; 88 C. 582, 586 (cited with other
sections in discussion), 588 (applied), 22 A. S. 336, 26 P. 521, 522,
12 L. 46; 100 C. 158, 163 (cited in discussion), 164 (applied), 34
P. 667; 106 C. 608, 612, 39 P. 939 (applied); (C. April 2, 1895), 40
P. 35, 36 (applied); 112 C. 387, 395 (construed and applied), 396
(cited), 399 (construed and applied), 44 P. 734; 113 C. 682, 688,
45 P. 858 (applied); 117 C. 509, 515, 49 P. 463 (applied); 120 C.
89, 92, 52 P. 134, 586 (applied); 148 C. 102, 106, 82 P. 668 (con-
strued — ^rule applicable in absence of descendants); 149 C. 200,
206, 85 P. 147 (applied); 150 C. 682, 689, 89 P. 833 (referred to);
128 U. S. 53, 54, 32 L. ed. 415, 418 (cited).

As to husband or wife's power of testamentary disposition of
community property, see Kerr's Cyc. C. C. § 172 and note.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

As to succession to community property, see 12 A. S. 90.

Community property defined. — See Kerr's Cyc. C, C. §§ 162 and
164 and notes; also §1401 and note.

Wife takes cominunity as heir on death of husband. — See
Kerr's Cyc. C. C. § 1334 and note.

§ 1403. INHERITANCE BY REPRESENTATION. Inher-
itance or succession "by right of representation" takes place

762



Tit. VII.] ALIENS MAY INHERIT. §1404

when the descendants of any deceased heir take the same
share or right in the estate of another person that their par-
ents would have taken if living. Posthumous children are
considered as living at the death of their parents.

Ili.story: Enacted March 21, 1872, founded upon § 11 Art
April 13, 1850, Stats. 1850, p. 221.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.



§1404. ALIEJfS MAT INHERIT, ^VHEX, AND HOW.

Resident aliens may take in all cases by succession as citi-
zens; and no person capable of succeeding under the provis-
ions of this title is precluded from such succession by reason
of the alienage of any relative; but no non-resident foreigner
can take by succession unless he appears and claims such
succession within five years after the death of the decedent
to whom he claims succession.

History: Enacted March 21, 1872, founded upon Const. 1849,
art. I, § 17, and § 1 Act April 19, 1856, Stats. 1856, p. 137.

See Kerr's Cyc. C. C. for 22 pars, annotation.

65 C. 593, 594, 4 P. 639, 640 (construed with other sections).
67 C. 380, 383, 7 P. 763, 764 (construed with otlier sections): 129
C. 86, 90, 79 A. S. 78, 61 P. 659 (cited): 143 C. 135, 140, 76 P. 962
(applied); 148 C. 55, 56, 82 P. 672, 2 L. N. S. 643 (state has no
right to contest probate of will of one dying witiiout iielrs
therein, where it shows no interest): 149 C. 208, 210, 85 P. 609
(bar of non-resident alien's title).

As to alien's right to inherit, seo 31 L. 177.

As to effect of state constitutions and statutes upon (luostion
of inlieritance by or from an alien, see 31 L. 85, 146.

As to effect of treaties upon an alien's riglits to inlierlt, see
32 L. 177-189.

As to law of succession, see note § 1383, ante; 1 Churcli's New
Probate Law and Practice, 22, 38-58.

As to rights of aliens to transmit or receive an inlieritance.
see 12 A. S. 93.

As to who are aliens, see 84 A. D. 210.

Aliens may take by succession. — See Kerr's Cyc. C. C. §| 671
and 672 and notes; also §§ 1405, 1406 and notes.

763



§§ 1405, 1406 CIVIL CODE. [Div.II.Pt.IV. -

§1405. SUCCESSION NOT CLAIMED, ATTORNEY-GEN-
ERAL TO CAUSE TO BE SOLD, AND PROCEEDS DEPOS-
ITED IVITH STATE TREASURER. When succession is not
claimed as provided in the preceding section, the superior
court, on information, must direct the attorney-general to
reduce the property to his possession or that of the state, or
to cause it to be sold, and it or its proceeds to be deposited
in the state treasury for the benefit of the person entitled
thereto, to be paid to him, if, within five years after such
deposit, he appears in the court in which such information
was filed and asks for a judgment or order entitling him
thereto.

History: Enacted March 21, 1872, founded upon § 1 Act April
19, 1856, Stats. 1856, p. 137; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 406, held unconstitu-
tional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 609.

See Kerr's Cyc. C. C. for 3 pars, annotation.

76 C. 294, 297 (presumption that intestate has left heir), 298
(construed), 18 P. 407, 409 (erroneously cited as §1445); 129 C.
86, 90, 79 A. S. 78, 61 P. 659 (cited).

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

When property escheats. — See Kerr's Cyc. C. C. § 1386 subd. 10,
post § 1406; 1 Church's New Probate Law and Practice, 59, 68-74.



§ 1406. WHEN THE PROPERTY AND ESTATE ESCHEAT
TO THE STATE. When such judgment or order is obtained,
a certified copy thereof must be filed with the state treasurer
as his voucher. Thereupon the property must be delivered,
or the proceeds paid, to the claimant, on filing his receipt
therefor. If no one succeeds to the estate or the proceeds,
as herein provided, the property of the decedent devolves
and escheats to the people of the state, and must be placed
by the state treasurer to the credit of the school fund.

History: Enacted March 21, 1872, founded upon § 1 Act April
19, 1856, Stats. 1856, p. 137: amended by Code Commission, Act
March 16, 1901, Stats, and. Amdts. 1900-1, p. 407, held unconsti-

764



Tit. VII.] ESCHEATED PROPERTY. §§ 1407, 1408

tutional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 610.

See Kerr's Cyc. C. C. for 6 pars, annotation.

76 C. 294, 297 (cited), 298 (construed and applied), 18 P. 407.
409; 129 C. 86, 90, 79 A. S. 78, 61 P. 659 (cited).

As to law of succession, see note § 1383, ante; 1 Cliurcli's New
Probate Law and Practice, 22, 38-58.



§ 1407. PROPERTY ESCHEATED SUBJECT TO CHARGE
AS OTHER PROPERTY. Real property passing to the state
under the last section, whether held by the state or its officers,
is subject to the same charges and trusts to which it would
have been subject if it had passed by succession, and is also
subject to all the provisions of title eight, part three, of the
Code of Civil Procedure.

Hi.story: Enacted March 21, 1872, founded upon Act April 30,
1855, Stats. 1855, pp. 221, 222, as amended by Act February 16,
1870, Stats. 1869-70, pp. 72, 73.

See Kerr's Cyc. C. C. for 2 pars, annotation.

76 C. 294, 297 (cited in discussion), 298 (cited), 299 (title 8.
part 3, of the C. C. P. referred to in this section makes no pro-
vision for the payment of funeral expenses, expenses of last
sickness, or the debts of decedent), 18 P. 407, 409.

As to law of succession, see note § 1383, ante; 1 Churcli's New
Probate Law and Practice, 22, 38-58.



§ 1408. SUCCESSOR LIABLE FOR DECEDENT'S OBLI-
GATIONS. Those who succeed to the property of a decedent
are liable for his obligations in the cases and to the extent
prescribed by the Code of Civil Procedure.

History: Enacted March 21, 1872.

As to debts being- paid before distribution, see 8 Prob. Rep.
194.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

As to liability of heirs for debts of ancestor, see 48 A. D. 395;
21 L. 89.

765



§ 1409 CIVIL CODE. [Div.II.Pt.IV.

§1409. PERSON CONVICTED OF MURDER OF DECE-
DENT, NOT TO SUCCEED. No person who has been con-
victed of the murder of the decedent shall be entitled to suc-
ceed to any portion of his estate; but the portion thereof to
which he would otherwise be entitled to succeed descends
to the other persons entitled thereto under the provisions of
this title.

History: Enacted March 21, 1905, Stats, and Amdts. 1905, p.
610.

See Kerr's Cyc. C. C. for 5 pars, annotation.

As to how far statutes will be regarded as having abrogated
the maxim that one cannot profit by liis own wrong, see 25 L.
564-573.

As to law of succession, see note § 1383, ante; 1 Church's New
Probate Law and Practice, 22, 38-58.

As to right of murderer to take by descent, see 5 L. 340-
34G; 1 Church's New Probate Law and Practice, 52.



766



Tit. VIII.] APPROPRIATION. § 1410

TITLE VIII.

WATER-RIGHTS.

§ 1410. Rifflits to water may be acquired by appropriation.

§ 1411. Appropriation must be for a useful purpose.

§1412. Point of diversion may be clianged.

§ 1413. Water may be turned into natural clianncls.

§1414. First in time, first in right.

§ 1415. Notice of appropriation of water; contents. Recording.

§ 1416. Diligence in appropriation of water.

§1417. Completion defined.

§1418. Doctrine of relation applied.

§ 1419. Forfeiture.

§ 1420. Riglits of present claimant.

§ 1421. Recorder to keep book in wliich to record notices.

§ 1422. Time witliin whlcli to commence excavation on public
reservations.

§ 1410. RIGHTS TO WATER MAY BE ACQUIRED BY
APPROPRIATION. The right to the use of running water
flowing in a river or stream or down a canyon or ravine may
be acquired by appropriation.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 180 pars, annotation.

4 P. 919, 924, 925 (applied), 936 (dis. op., construed and
applied); 69 C. 2r35, 368 (applied). 370 (referred to). 371, 372
(construed), 427, 452 (applied). 10 P. 674. 739. 775; 91 C. 187. 190.
27 P. 587, 588 (construed); 95 C. 615. 61G, 30 P. 783, 19 L. 92
(applied); 101 C. 107, 112, 35 P. 432 (construed and applied); 122
C. 152, 158, 54 P. 726 (applied); 5 C. A. 175, 180, 89 P. 1001 (water
flowing from springs upon public lands is subject to appropria-
tion): 75 F. 379, 381 (construed and applied — abandonment of
right to use of water).

IHRIGATION AND WATEK-RIOHTS.

As to abandonment of wator-riglits. — See Kerr's Cyc. C. C.
§ 1411 and note.

As to acquisition of water-rights by prescription or adverse
enjoyment. — See Kerr's Cyc. C. C. §§315, 328 and note.

As to acts relating to irrigation. — See Hen. G. L. tit. "Irriga-
tion."

As to appropriation of percolating waters on public lands. —
See 30 L. 186.

767



§ 1410 CIVIL. CODE. [Div.II.Pt.IV.

As to drainag-e. — See Hen. G. L. tit. "Drainage"; and Kerr's
Cyc. Pol. C. § 3446 and note.

As to duty of owners or users of any canal, flume, etc., cross-
ing highway to construct and keep in repair bridges across
same. — See Kerr's Cyc. C. C. § 551 and note.

As to general subject of right of prior appropriation of water.
— See 30 L. 665.

A§..to periodical appropriation of water. — See 46 L. 175.

As to posting notice. — See Kerr's Cyc. C. C. §§ 1415 et seq.
and notes.

As to relative rights of prior and subsequent appropriators. —
See Kerr's Cyc. C. C. § 1414 and note.

As to water commissioners. — See Hen. G. L. tit. "Water com-
missioners"; 48 Cent. Dig. col. 2744, § 306.

Abandonment or loss of rights of prior appropriators. — See
30 L. 265-267.

Appropriation of irrigation water by town. — See 1 L. 466.

Appropriation of waste water not in channel. — See 6 L. N. S.
1104.

Appropriation of waters for irrigation purposes — As to right
of. — See 98 A. D. 542; 17 Bncyc. L. 494-505.

Same — Doctrine of riparian rights. — See 17 Encyc. L. 491.

Same — What constitutes. — See 60 A. S. 799; 17 Encyc. L. 494-
505.

Appropriator — Right to enter upon land of an upper appro-
priator to clean out ditch. — See 43 L. 130.

Appropriators and riparian owners— Respective riglits of. —
See 43 A. D. 269.

Assessments and lien for enforcement thereof. — See 48 Cent.
Dig. col. 2763, § 320.

Bonds and other securities of irrigation districts. — See 48
Cent. Dig. col. 2760, § 319.

Canals, ditches, flumes, etc. — As to generally, see 48 Cent.
Dig. col. 2746, § 309.

Care necessary to avoid waste in diverting waters from
stream under right of appropriation. — See 15 L. N. S. 238.

Change of vise of channel of water appropriated. — See 30 L.
384-390.

Condemnation proceedings — As to generally, see 11 Encyc.
P. 590.

Same — Parties to action. — See 11 Encyc. P. 591.

Dams — Rights and liabilities of owners of. — See 57 A. D. 684.

Ditcli companies — Franchises, privileges, and powers of. — See
48 Cent. Dig. col. 2765, § 322.

Diverting waters from stream for irrigation purposes, right
of.— See 41 L. 741.

Injunction and mandamus. — See 11 Encyc. P. 596.

768



Tit. VIII.] WATER RIGHTS. § 1410

Injuries incident to supply, use of and action for, as to gen-
erally, see 48 Cent. Dig. col. 2765, §§ 323, 324.

Irrigation — As to generally, see 48 Cent. Dig. col. 2743, §§ 304-
314.

Same — As to in irate states, generally, see 17 Encyc. D. 489.

Same — At common law. — See 17 Encyc. L. 487.

Same — Companies formed for purposes of. — See 17 Encyc. L.
521-527.

Same — Constitutional and statutory provisions relating to,
generally. — See 48 Cent. Dig. col. 2743, § 305.

Same — ^Definition of. — See 17 Encyc. L. 487; 4 W. & P. 3776.

Same — Riparian appropriator's right to use of water for. —
See 20 A. S. 225.

Same — State control of. — See 17 Encyc. L. 490.

Same — Storage of water for purposes of. — See 13 Encyc. L.
514.

Irrigation companies — As to generally, see 17 Encyc. L. 521-
527.

Irrigation districts, as to generally, see 11 Encyc. P. 589: 48
Cent. Dig. col. 2756, §§315-320; 5 W. & P. 4625.

Irrigation ditches — As to generally, see 48 Cent. Dig. col.
2764, §§ 321, 322.

Same — As to right to construct, use of and property in. — See
17 Encyc. L. 509-513.

Same — Franchises, privileges, and powers of. — See 48 Cent.
Dig. col. 2765, § 322.

Same — Stock and stockholders. — See 48 Cent. Dig. col. 2764,
§ 321.

Liability for injury caused by escape of water stored on
one's premises. — See 15 L. N. S. 541.

Liability for withdrawing water from reservoir. — See 62 L.
579.

Liens for materials and construction. — See 48 Cent. Dig. col.
2747,. § 310; see also Kerr's Cyc. C. C. P. §§ 1183-1203 and notes.

Loss of rights of prior appropriators. — See 30 L. 265.

Mandamus and injunction. — See 11 Encyc. P. 596.

Periodical appropriation. — See 46 L. 175.

Percolating waters — On public lands — Appropriation of. — See
30 L. 186.

Power to condemn riparian rights apart from land to which
they are appurtenant. — See 17 L. N. S. 1005.

Prior appropriation — Rule of. — See 10 L. 487.

Prior appropriator — Abandonment or loss of rights. — See 30
L. 265.

Same — Right of. — See 30 L. 665-679.

Priority of appropriation, doctrine of. — See 17 Encyc. L. 505,

Proceedings to establish water-rights. — See 48 Cent. Dig. col.
2755, § 314.'

Kerr's C. C— 25 769



§ 1411 CIVIL CODE. [Div.II.Pt.IV.

Public use under law of eminent domain. — See 1 A. C. 304;
4 A. C. 1171; 50 A. S. 585; 29 L. 853; 6 W. & P. 5816, 5834.

Reciprocal easement as to water rights. — See 17 L. N. S. 945.

Right of appropriation of waters for irrigation purposes. — See
98 A. D. 542.

Right of prior appropriator of water. — See 30 L. 665-679.

Right of way and otlier interest in land. — ^See 48 Cent. Dig.
col. 2745, § 307.

Right-, of way for irrigation ditch — Right of fee-owner to
cross. — See 3 L. N. S. 1148.

Right to divert waters from stream for irrigation purposes. —
See 41 L. 741.

Right to store appropriated water. — See 46 L. 322; 17 L. N. S.
329.

Riparian owners and appropriators — Respective rights of. —
See 43 A. D. 269.

Riparian rights — Doctrine in appropriation of water for use
on land. — See 17 Encyc. L. 491.

Sale of water and supply and use thereof for irrigation pur-
poses. — See 48 Cent. Dig. col. 2749, § 311.

State control of irrigation. — See 17 Encyc. L. 490.

State regulation of rates of irrigation company. — See 12 L.
N. S. 711.

State regulation of tolls for use of appropriated waters. — See
33 L. 180.

Stock and stockholders of. — See 48 Cent. Dig. col. 2764, § 321.

Storage of water and reservoirs therefor. — See 48 Cent. Dig.
col. 2745, § 307.

Storage of water for purposes of irrigation. — See 17 Encyc.
L. 514.

Tolls and other charges for water — As to generally, see 48
Cent. Dig. col. 2753, § 312.

Transfer of right to use water for irrigation. — See 65 L.
407-412.

Use of natural stream to convey appropriated waters. — See 51
L. 930.

Waste — Care necessary to avoid in diverting waters from
stream under right of appropriation. — See 15 L. N. S. 238.

Water commissioners, as to generally, see 48 Cent. Dig. col.
2744, §306; also Hen. G. L. tit. "Water Commissioners."

Water-rights considered as property. — See 17 Encyc. L.
514-521.

Water-riglits used in connection witli land mortgaged prior
to its acquirement — Does it pass on foreclosure. — See 15 L. N.
S. 359.

§1411. APPROPRIATION MtTST BE FOR A USEFUL
PURPOSE. The appropriation must be for some useful or

770



Tit. VIII.] POINT OF DIVERSION. §1412

beneficial purpose, and when the appropriator or his succes-
sor in interest ceases to use it for such a purpose, the right
ceases.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 57 pars, annotation.

4 P. 919, 936 (cited in dis op.); 69 C. 255, 307 (cited), 369. 452
(dis. op.), 10 P. 674, 701, 739 (cited with other sections); 79 C.
572, 574, 21 P. 967 (applied); (C. Aug. 6, 1892), 30 P. 768
(applied); 98 C. 63, 66, 32 P. 811, 812 (applied); 110 C. 122, 126.
127, 42 P. 453 (construed and applied); 120 C. 86, 87, 52 P. 139
(construed and applied); 150 C. 520, 533, 89 P. 338 (right extends
only to water actually taken and used — it ceases witli disuse);
75 F. 379, 381 (construed and applied — abandonment of riglit
to use of water).

As to irrigation and water-riglits generally, see note §1410,
ante.

As to appropriation of water for mining purposes, see 24 L. 66.

As to abandonment of water-rights, see 45 C. C. A. Rep. 190.

As to abandonment or loss of rights of prior appropriators
of water, see 30 L. 265.

As to amount of property appropriated and notice of appro-
priation, see Kerr's Cyc. C. C. § 415 and note.

As to for what purpose appropriation of water is permissible,
see 30 L. 674.

As to necessary physical acts to complete appropriation, see
Kerr's Cyc. C. C. § 1416 and note.

As to right of appropriation of water for irrigation purposes,
see 98 A. D. 543.

§1412. rOIM OF DIVEKSION MAY BE ( H.VXJED. The

person entitled to the use may change the place of diversion,
if others are not injured by such change, and may extend the
ditch, flume, pipe, or aqueduct by which the diversion is made
to places beyond that where the first use was made.

IIiNtor> : Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 24 pars, annotation.

4 P. 919, 936 (cited in dis. op.), 69 C. 255. 369, 452 (dis. op.),
(cited with other sections), 10 P. 674, 740; 96 C. 214. 217. 31 P.
41, 42 (applied); 98 C. 332, 340, 33 P. 119, 122 (construed and
applied); 106 C. 660, 665, 668, 39 P. 1060, 30 L. 384 (applied);
108 C. 72, 81, 41 P. 18. 30 L. 390 (applied); 117 C. 168, 183. 184.
48 P. 1075 (applied); 134 C. 553. 555, 66 P. 732 (applied); 138 C.
716, 721, 722, 72 P. 349 (efficient means of diversion in lieu
of dam — changing place of diversion); 147 C. 401, 410, 81 P.

771



§§ 1413-1415 CIVIL CODE. [Div.II.Pt.IV.

1107 (place of use may be changed at will of owner when); 49
F. 430, 435 (design of Idaho statute, in aiming to adopt this
section, and in permitting prior appropriator to change place
of use, as against a subsequent appropriator).

As to changing channels of artificial bodies of water, see 50
L. 844.

As to change of use of cliannel of water appropriated, see 30
L. 384. ..

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

§1413. WATER MAY BE TURNED INTO NATURAL
CHANNELS. The water appropriated may be turned into
the channel of another stream and mingled with its water,
and then reclaimed; but in reclaiming it the water already
appropriated by another must not be diminished.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

4 P. 919, 936 (cited in dis. op.); 69 C 255, 369, 453. 10 P. 674,
740 (dis. op.), (cited with other sections); 134 C. 553, 555, 66 P.
732 (applied).

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

§ 1414. FIRST IN TIME, FIRST IN RIGHT. As between
ai)propriators, the one first in time is the first in right.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 53 pars, annotation.

4 P. 919, 936 (cited in dis. op.); 69 C. 255, 453, 469, 10 P. 674,
740 (cited with other sections).

As to determination of priorities, see note 30 L. 677.

As to many miscellaneous matters as to irrigation and water-
rights, see note § 1410, ante.

As to nature of use of water, see ante § 1411 and note.

As to when right begins, see post § 1418.

§1415. NOTICE OF APPROPRIATION OF WATER; CON-
TENTS. RECORDING. A person desiring to appropriate
water must post a notice, in writing, in a conspicuous place
at the point of intended diversion, stating therein:

1. That he claims the water there flowing to the extent of

772



I



Tit. VIII.] ■ NOTICES, ETC.— CONTENTS. § 1416

(giving the numbei-) inches, measured under a four-inch
pressure;

2. The purpose for which he claims it, and the place of
intended use;

3. The means by which he intends to divert it, and the size
of the flume, ditch, pipe, or aqueduct in which he intends to
divert it.

[Notice must be recorded.] A copy of the notice must,
within ten days after it is posted, be recorded in the office
of the recorder of the county in which it is posted.

After filing such copy for record, the place of intended
diversion or the place of intended use or the means by which



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 65 of 156)