Eckel

The plaintiff brought this. action to enjoin the interference by defendant with the natural flow of water from a certain spring and for damages caused by past interference therewith. The facts hereinafter stated appear from the findings.

The plaintiff is the owner of 87% acres of land, through which Mormon Creek flows, all of such lands being riparian to the stream. The defendant is the owner of a tract of land adjoining plaintiff’s land on the north and containing approximately 1,000 acres. Patents were issued by the United States more than fifty years ago for all of said lands of both parties. Mormon Creek is a small stream and “in dry seasons there is little or no water in this creek as it passes through” plaintiff’s land. About “one quarter of a mile above plaintiff’s lands and on the bank of said creek is a spring of water . . . known as Pales Spring, which spring is an opening in the crevice in limestone formation and has a normal flow of water of twenty-four inches which waters for more than fifty years prior to the commencement of this action, have been conveyed by means of a pipe, flume and ditches to plaintiff’s said lands and there used for irrigation, domestic, and…