Bigelow

This action was brought to enjoin the defendant from interfering with the flow of water from his land to that of the plaintiffs. The complaint set forth that the plaintiffs and the defendant were the owners of lands riparian to a stream of water having its source in springs situated upon certain described land and upon the land of the defendant, and flowing thence down to and upon the plaintiffs’ lands; that said plaintiffs had for a number of years used a specified amount of the water of said stream for domestic purposes and for irrigation, and that it was necessary that they have the continued use of said water; that the defendant had diverted the whole thereof for his own purposes, and prayed for an injunction against him to prevent such diversion. The prayer of the complaint also contained a demand that the court apportion the waters of said stream among the parties to the action. The answer denied the material allegations of the complaint with certain exceptions, and set forth that the water diverted by the defendant came entirely from springs arising upon his own land, and that the only water which reached the plaintiffs after the run-off ■ of the winter rains had ceased was…