Prather

This is an appeal by defendant from a judgment apportioning certain waters between himself and plaintiffs as riparian owners, awarding damages to plaintiffs for wrongful diversion from an underground stream, and enjoining defendant from using any of the water upon a certain parcel of his property until such time as its riparian character may be determined. The questions argued before this court concern in the main the sufficiency of the relief accorded by the decree.

The plaintiffs and the defendant maintain respective summer resorts on adjoining properties located in the Boggs Mountain district of Lake County. Defendant’s land, located at the higher elevation, consists of three parcels, Lot One of 17 acres on which the resort is largely located, Parcel Two to the south containing 160 acres designated as Lots 2, 3 and 4, on which his resort is partly located, and Parcel Three to the west, which is not involved in this litigation. Plaintiff’s own two northerly contiguous tracts, Tract One consisting of 160 acres known as the Price Ranch, and Tract Two, consisting of about 200 acres, upon which their resort is located.

On the Price Ranch, about 100 feet north of its common…