Silver Lake Power & Irrigation Co. v. City of Los Angeles (176 Cal. 96, 1917)

HENSHAW, J.

Respondent’s predecessors in interest first conceived the plan of utilizing the waters of Owens River and of Rock Creek, one of its tributaries, for irrigation and for the development of hydro-electric energy. They made locations upon the river and creek for these purposes. They began their work under these locations and they prosecuted this work until it was interrupted and suspended by withdrawal orders of the government of the United States. Under the compulsion of these withdrawal orders the predecessors, in interest of respondent ceased work. These withdrawal orders were temporary in character and made in conformity with the law in contemplation that the United States government might itself impound these waters and devote them to purposes of irrigation for the benefit of the valley lands lying under them. This contemplated reclamation scheme of the federal government was abandoned. Before the formal order of abandonment was actually made it became apparent that the government would not proceed with its plan, and respondent’s predecessors in interest resumed work. The work which they did before the withdrawal of these lands by the government was performed