Alsaga

This action was instituted by the plaintiff to enjoin the defendant from maintaining ón certain of the plaintiff’s lands a dam and a ditch, whereby water is diverted from Secret Creek to the lands of the defendant.

Findings and judgment were in favor of the plaintiff, and this appeal is prosecuted by the defendant from said judgment.

The plaintiff claims the exclusive right to all the waters flowing in said creek, both as a riparian owner and as an appropriator, and sets up both those claims in two different causes of action. The defendant, besides specifically denying by answer all the material facts alleged in the complaint, filed a cross-complaint, in which he sets up a claim to fifty inches of the water of the creek, measured under a four-inch pressure, by virtue of appropriation and also by prescription.

The facts, as disclosed by the findings, are these: The plaintiff is the owner of a little more than a quarter-section of land in township 26 and a number of other quarter-sections in township 32, in Lassen County, and has been the owner of said lands for many years. The waters of Secret Creek, above mentioned, in a well-defined channel, between well-defined banks, flow…