The Salton Sea Cases

172 Fed. 792 (9th Cir. 1909)

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Nature of the Case

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Facts

P was a salt company. P sued to enjoin D, a land development company from diverting water from the Colorado River without suitable controls. The water that was diverted flooded P’s salt deposits. D diverted the water through the use of a canal through Mexican territory and north into the Imperial Valley of California. Title to the canal and waters works in Mexico was vested in a Mexican corporation, which was one of D’s subsidiaries. At trial, the lower court perpetually enjoined D from diverting more water than was necessary for domestic and irrigation purposes and restrained D from diverting water in such a way that P would be injured. The court also awarded damages to P. D appealed; the court did not have power or authority to order structures to be built in Mexico nor did it have any power to order anything which was not capable of physically being done within the territorial jurisdiction of the court.