Ketcham

From a joint judgment of $7,500 which was rendered pursuant to a verdict returned against two separate irrigation districts, as compensation for damage resulting to agricultural land from the seeping of water from an irrigation ditch, the defendants have appealed.

The appellants seek a reversal of the judgment on the grounds that (1) the plaintiffs are estopped from claiming damages to their land from seepage of water from a ditch, for the construction of which their predecessors, in title conveyed a strip of land through their property, (2) an action for damage which results from the natural and ordinary seepage of water from a ditch, in the absence of negligence in the construction or maintenance thereof, does not lie, (3) the defendants have acquired prescriptive rights to maintain the canal in the present condition by operating it adversely to the claims of plaintiffs for more than five years without objection, (4) a joint judgment against two separate water’ districts may not be lawfully rendered for damages which result from seepage from separate sources which are controlled by the respective districts, and (5) the judgment is based upon inconsistent instructions which are…