Hall

These three proceedings, identical in character except as to one circumstance hereafter to be mentioned, are under stipulation to he determined together. A statement of a part of the allegations of the petition in one of them, No. 4801, will serve as a basis upon which disposition may be made of all.

The petition contains averments that on May 17, 1917, petitioner commenced an action against respondent Imperial Water Company No. 5 in respondent court, which action is still pending and which has proceeded to findings and judgment; and that the action was brought for the purpose of enjoining respondent Water Company from permitting water from its canals to escape, seep, and percolate upon, under, and through certain lands of petitioner, to abate the canal, or the operation thereof in its present condition, as a nuisance, and to recover damages caused to petitioner’s land by said percolation and seepage. The petition further alleges that the water carried in said canals, and which escapes therefrom into petitioner’s lands, has at all times since May 1, 1916; been diverted and taken from its natural course in the Colorado River by respondent Imperial Irrigation District for the…