Wores

At all times mentioned in the complaint the plaintiff was a corporation organized for the purposes of securing water for irrigation and other purposes and for distribution of the same at cost, among its stockholders only, for use upon lands owned by them within certain described limits in the county of Imperial, and has been engaged in distributing upon said lands a large amount of water which it receives at the southerly boundary of its territory and distributes through a system of canals and ditches. The defendant Lucy Wores, in the year 1905 or prior thereto, became the owner of a tract of land, known as Tract No. 74, situated immediately north of the territory watered by the plaintiff's irrigation system. The canal system of plaintiff extends in a northerly direction through its territory, and the canals converge in the northerly part of this territory and discharge their surplus and waste water into a canal designated as the Rose Waste-way. Prior to the year 1906, there was a well-defined watercourse known as the Saltón River, later called the Alamo River, which ran across a portion of Tract 74, but in a more northerly direction than that taken by the present Rose waste…