The fight for water in the arid west has been issue since the land was settled for agricultural and mining purposes. One of the earliest cases filed in the Honey Lake Justice Court was back in 1861 between Antone Storff and “Dutch Johnny” Tucker. Storff stated that in April 1860 he cut a ditch across government land making a diversion from Lassen Creek to be used for “mining, agricultural and household purposes.” In September 1861, Tucker turned the water off from Storff’s ditch. Tucker’s attorney, John S. Ward requested the matter to be dismissed as justice courts have no jurisdiction in determining water rights. Judge V.J. Borrette disagreed and stated it was a matter of real property damages. Ward objected to the Judge’s decision and stated he would take the mater to the Supreme if necessary. Next, Storff requested a jury trial, but Ward declared his client could receive a fair and impartial trial with Judge Borrette presiding. Borrette overruled Ward, stating that Storff demanded a jury trial and so he would not be deciding the case.
The jury was summoned and witnesses subpoenaed. During the trial it was revealed that David Titherington had purchased the property on which Storff’s ditch was located from Peter Lassen’s estate. Further, there was an agreement between Titherington and Storff which stated he could use the water when it was not in use—information Storff neglected to include in the complaint. The testimony was overwhelmingly against Storff and the jury returned a verdict in favor of Tucker. Storff was now only left high and dry without water, but he had to pay $65 in court costs.
The battle did not end there. The first case filed in Lassen County District Court in 1864 was Titherington v Storff.