Reporter's Statement of the Case 111 C. Cls. the swamp and overflow lands, and for a time were confined to a wider channel by such natural banks, which were substantially the outer boundaries of the lands granted as swamp and overflow. This wider channel is referred to as the "high channel." In every year of ordinary flow in a state of nature the river rose still higher, so that its waters were no longer confined to the high channel. The waters so overflowing the high channel banks and into and over the upland area moved slowly in the same general direction as the flow of the river in the low and high channels. This wide overflow was confined by rising ground on each side of the general overflow basin of the river. This is referred to as the "overflow channel.” The flood plain described in this and the preceding finding extends approximately from Gravelly Ford to a short distance below the confluence of the San Joaquin with the Merced River. The natural flow of the river has been and is variable in quantity, both over the years and in periods within the years. In the spring and summer the river is fed by the melting snow pack of the Sierra Nevada Mountains and in the winter season by rainfall, supplemented by a small amount of snow-melt in the lower reaches of the mountains. As a result there have been two periods of high water, the winter rain flood usually in December, January, and February, and the spring or summer snow-melt overflow usually in April, May, and June, with considerable variance in the times of commencement, duration, and the times of peak flow. 5. The lands described in the petitions of plaintiffs J. Sheldon Potter, Martin Erreca, No. 46244, and Martin Erreca, et al., No. 46247, border the main channel. Such lands, as well as those described in the petition of Gerlach Live Stock Company, are penetrated or traversed by certain of such sloughs and are affected by the water flowing therein, or in the main channel, or by both, in the manner more fully set forth hereinafter. The relative locations of the lands owned by the respective plaintiffs herein, proceeding in the downstream direction, 1 Reporter's Statement of the Case are as follows: J. Sheldon Potter, the two Errecas, and Gerlach Live Stock Company. 6. Mariposa Slough, also called Hardpan Slough, leaves the east bank of the river through multiple headings upstream from the lands described in the petition of J. Sheldon Potter. As it flows in a northwesterly direction, its course diverges from that of the river at an angle of about 20°. When it reaches the Potter land, it becomes a portion of the northeastern boundary thereof. It continues in the same general direction until it is intersected by the East Side Canal, hereinafter more fully described, at a point designated as Little Sand Spillway, a control gate which permits water to flow out of the canal into the continuance of the slough. From this point the slough crosses the northeast corner of the lands described in the petition in Martin Erreca, et al., No. 46247. About a mile and a half to the west, it reenters such Erreca lands through the north boundary thereof and empties into Chamberlain Slough, hereinafter described. A northern branch of Mariposa Slough, sometimes called Deep Slough, leaves East Side Canal approximately two and one-fourth miles down the canal from Little Sand Spillway, at a point designated as Three Bridges Spillway. This branch runs thence northwesterly until it empties into Bear Creek, a natural watercourse which flows into the San Joaquin River from the east, down river from the lands involved in these four actions. 7. Chamberlain Slough, sometimes called Sand Slough, is a branch channel of the San Joaquin River. It branches from the east bank of the river downstream from the head of Mariposa Slough, and about a half mile upstream from the southeast limits of the land described in the petition of J. Sheldon Potter. A short distance inside the Potter east boundary, Chamberlain Slough branches into two channels. The eastern branch flows northerly and empties into Mariposa Slough in the reach where the latter slough bounds the Potter land on the northeast. The western branch of Chamberlain Slough crosses the westerly portion of the Potter land, roughly paralleling the river. It is intersected by the East Side Canal at the west end of the Potter land and Reporter's Statement of the Case 111 C. Cls. is utilized as a channel for the Canal for about a mile to a point designated as "Big Sand Spillway." The Canal leaves the slough at that point. Chamberlain Slough turns at a right angle to the west and crosses the Martin Erreca, et al., No. 46247, land in a westerly and northerly direction. In the western part of such Erreca land it is joined by Mariposa Slough and returns to the river about a half mile beyond the Erreca west boundary. Both Mariposa and Chamberlain Sloughs have a number of minor branches. The sloughs are not known in the vicinity by the same names to all persons familiar with them and much confusion results because of this fact, even on maps. Chamberlain Slough, where it crosses the Martin Erreca, No. 46247, land is sometimes called Mariposa Slough, and was so referred to in the Haines decrees hereinafter mentioned. 8. At the downstream end of the Potter land a large artificial channel known as East Side Canal takes out of the east bank of the river. It was constructed for the purpose of conveying San Joaquin River water to irrigate lands some distance north of those involved in these four actions. It extends from the river approximately 20 canal-miles in a northwesterly direction, roughly paralleling the river at distances of 2 to 4 miles. The first mile and a quarter of the East Side Canal is an artificial channel. The canal then intersects and utilizes the channel of Chamberlain (or Sand) Slough. After approximately a mile, Chamberlain Slough veers to the west, and from that point the Canal continues in an artificial channel. Control gates at points where the canal intersects sloughs or streams provide for the regulation of the flow so that water may be confined to the canal, spilled into the sloughs or streams, or both, as may be determined from existing conditions. PRIOR APPROPRIATIVE AND PRESCRIPTIVE RIGHTS (a) Miller & Lux Incorporated and Its Subsidiaries 9. Miller & Lux Incorporated is and at all times here involved was a corporation organized and existing under the laws of the State of Nevada and doing business in the State of California. 1 Reporter's Statement of the Case Prior to any of the times here involved, Miller & Lux Incorporated became the owner of large areas of land, beginning with a narrow strip at Gravelly Ford and extending in varying widths down the San Joaquin Valley to approximately the junction of the Merced River with the San Joaquin River, among which lands were those described in the petitions of the plaintiffs in these four cases. Plaintiffs became the owners of the lands described in their petitions as successors to Miller & Lux Incorporated, by either direct or mesne conveyances. A large portion of the lands owned by Miller & Lux Incorporated, including those described in the petitions of the plaintiffs herein, was riparian to the San Joaquin River, or to sloughs or branch channels thereof, and in some instances to both. 10. At the respective times here involved, San Joaquin & Kings River Canal & Irrigation Company, Gravelly Ford Canal Company, Columbia Canal Company, Firebaugh Canal Company (formerly Panoche Canal Company), and San Luis Canal Company were corporations subsidiary to Miller & Lux Incorporated, which owned all or a majority of the stocks of each of such subsidiaries and had the controlling interest in each of them. Prior to any of the times here involved, such subsidiary corporations, with the consent of and under agreements with Miller & Lux Incorporated, constructed certain canals and works and thereby diverted and appropriated large quantities of the water of the San Joaquin River for the irrigation of lands riparian to the San Joaquin River owned by Miller & Lux Incorporated, and also for the irrigation of lands nonriparian to the San Joaquin River owned by Miller & Lux Incorporated and by other persons. Also prior to any of the times here involved and in addition to the foregoing diversions, Miller & Lux Incorporated constructed certain canals and works and thereby diverted and appropriated waters of the San Joaquin River for the irrigation of lands owned by it, both riparian and nonriparian to the San Joaquin River. 11. A large part of the water so diverted and appropriated by Miller & Lux Incorporated and by its subsidiary companies was appropriated and diverted and was and is used Reporter's Statement of the Case 111 C. Cls. for the irrigation of croplands. A large part also was diverted and appropriated and was and is used for the purpose of irrigating grass or pasture lands through the medium and under the control of canals, ditches, levees, and other works. Such grasslands are referred to as "controlled grasslands." In addition to the croplands and controlled grasslands so irrigated, Miller & Lux Incorporated owned lands of another character riparian to the San Joaquin River, its branches and sloughs, including the lands described in the petitions of the plaintiffs herein. During the periods of spring and winter high water or floods, the waters of the San Joaquin River flowed by and over and upon such grasslands by means of the main channel, and branch channels and sloughs, and enriched and moistened such lands, and caused them to produce increased amounts of pasturage, and provided water for cattle and other livestock. Lands so watered are referred to as "uncontrolled grasslands." 12. The diversions mentioned above were upstream from the lands described in plaintiffs' petitions and the parties to these actions do not dispute that the rights founded on these diversions and the use of the water so diverted are entitled to be satisfied out of the waters of the San Joaquin River before the plaintiffs in these four cases are entitled to the use of any waters of the San Joaquin River. Because of the variability of the flow, satisfaction of these rights and of other undisputed prior rights hereinafter mentioned require the entire supply of water in the river at certain times of the year, and at all times of the year in some years of exceptionally low water. 13. The greater part of the water so diverted was and still is diverted by means of two dams across the San Joaquin River upstream from the lands and sloughs involved in these four cases. The first is at a point near Mendota, a short distance below the confluence of the San Joaquin River and Fresno Slough of the Kings River. The dam in its original condition was built in 1871 by the San Joaquin & Kings River Canal & Irrigation Company, Incorporated, under contract with |