What is the test for losing a right of possession of a watercourse?
MultiRegion, United States of America
The following excerpt is from Hewitt v. Story, 64 F. 510 (9th Cir. 1894):
'The right of the first appropriator may be lost in whole, or in some limited portions, by the adverse possession of another; and when such person has had the continued, uninterrupted, and adverse enjoyment of the water course, or of some certain portion of it, during the period limited by the statute of limitations for entry upon lands, the law will presume a grant of the right so held and enjoyed by him.'
In Davis v. Gale, 32 Cal. 34, the court said:
'A party acquires a right to a given quantity of water by appropriation and use, and he loses that right by nonuse or abandonment. Appropriation, use, and nonuse are the tests of his right.'
In Smith v. Logan, 18 Nev. 154, 1 P. 678, the court said:
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