Hamilton

This suit involves the ownership to six and one-half inches of water measured under a four-inch pressure, to quiet title to which the action is brought. The water in question is produced from tunnels in section 3, township 1 south, range 8 west, S. B. M., which are on the property of the defendant. The plaintiffs also seek to enjoin the defendant from diminishing or interfering with the de livery of the six and one-half inches of water which the plaintiffs claim to own collectively. The defendant admits that the plaintiffs have an interest in said six and one-half inches of water, but claim that it consists of merely the right to six and one-half one hundred and seventeenths parts of the output of the said tunnels as they existed on the twenty-eighth day of January, 1895, and that the interest of the plaintiffs is subject to the right of the defendant to diminish the delivery of said six and one-half inches proportionately whenever the output of said tunnels falls below 117 inches.

It appears, without contradiction, that on the twenty-eighth day of January, 1895, Peter Flemming and James Beckett and J. T. Brady were the owners of the tunnel and the pipe-line running between the…