Pellissier

This is an appeal by the plaintiff from an order denying his application for a temporary injunction restraining the defendants, or either of them, pending the determination of the merits of his action, from shutting off plaintiff’s water supply or disconnecting his water lines from defendants’ conduit or ditch, so long as plaintiff pays to said defendants the sum of $120 a year for an amount of water not to exceed an average of two miner’s inches perpetual flow for use upon plaintiff’s property. Plaintiff also asked that his right to said amount of water at said price be settled and determined by the court, and, thereupon, that the defendants be permanently restrained from interfering therewith.

Briefly, the allegations of the complaint are that plaintiff’s predecessors in interest in certain land described in the complaint granted to the predecessors in interest of the defendants a right of way over said land for the conduit or ditch which supplies that and other property with water; that in consideration of the grant of said right of way, the grantees agreed that they would always allow the use of water for said land now owned by plaintiff, upon the lowest terms and most…