Coffin v. Left Hand Ditch Co. case brief

Coffin v. Left Hand Ditch Co.

FACTS
-P claimed owner of water by prior appropriation (diversion), Ds claim water based on natural flow; Ps bust D’s dam—want reasonable use from Merriweather.

1. Ct holds for Ps under prior appropriation (“first in time first in right”) West Coast rule where climate more arid.
   1. Climate does not support usage of both proprietors.
   2. Right to water acquired by priority of appropriation thereof, not dependent on locus of its application to the beneficial use designed.
   3. Ps argue that deed does not make mention of the prior appropriation but court dismisses.
   4. Ct thinks it makes sense to give priority to first people who may have diverted to more fertile ground.
   5. Beneficial purpose limitation on common law rule of 1st appropriation—“use it or lose it.”

Policy Arguments:

1. Prior Appropriation:
   1. Utilitarian approach-encourages, work and development;
   2. Natural/Locke-1st possessor, possession through labor
   3. Water valuable out West, need to provide reliance for agriculture
2. Reasonable Use:
   1. Less arguments over water is the East so ok to do on case by case basis