Hall

Gathered from the record, the facts of this controversy may be summarized as follows: The plaintiffs (known as the West-enders) ^,re the owners of certain lands riparian to the San Pasqual River. The defendants are also riparian owners of lands located higher on the said river, and there are yet other owners of land (known as the Eastenders) located still nearer the source of the stream. In 1898 the West-enders. brought a suit against the East-enders with reference to the use of the waters of said stream, with a result that a compromise judgment was rendered whereby the use of 2,000 inches of the water of the river was divided between the parties to the suit. Neither the defendants here nor their predecessor in interest, although owning the land lying between the lands owned respectively by the West-enders and the East-enders in that litigation, were made parties thereto. The defendants here, instead of drawing their water supply directly from the river, obtained it from a ciénaga located upon their land and lying closely adjacent to, and at a lower level than, the river. In 1902, which was several years after the compromise judgment was rendered in the litigation between the…