Freeman

This causeis before us upon an appeal from an order of the trial court dated July 22, 1929, filed nunc pro tunc as of May 2, 1929, denying a petition theretofore filed by the appellant on the ninth day of February, 1927, praying that an order be made modifying a decree adjudging water rights and providing for the division of certain waters, dated July 29, 1929, as amended by an order dated December 23, 1920.

The contention on the part of the appellant is that the orders made by the trial court for the purposes of carrying out its decree settling water rights between the parties hereto, and providing for the division thereof in pursuance of such decree, are erroneous in that the appellant was decreed to be the owner of 14/30ths of the water flowing in the ditch referred to in these proceedings, and that upon the division thereof, as made pursuant to the orders of the court, the quantity of water delivered to the appellant by the method of division pursued and the boxes installed, the appellant has failed to receive his proper proportion of said waters to the extent of .53 cubic feet per second.

In making the diversion of the waters according to the orders of the court, the…