Katz v. Walkinshaw
California Supreme Court
141 Cal. 116, 74 P. 766 (1903)
- Written by Curtis Parvin, JD
Facts
Marcus Katz (plaintiff), a resident of California—a semiarid state with uneven precipitation, ongoing population growth, and dependence on groundwater—used wells to access groundwater to irrigate his property. Margaret Walkinshaw (defendant), joined by several water companies, constructed wells to draw water from the same underground water source, which resulted in a significant reduction in the water available to Katz. Katz filed an action seeking to enjoin Walkinshaw from pumping to the extent that it affected Katz’s access to water. Walkinshaw argued that under the common-law rule of capture, she had an absolute right to pump groundwater from under her land without considering neighboring property owners. The trial court granted Walkinshaw’s motion for nonsuit and dismissed the case. Katz appealed to the California Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Shaw, J.)
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