Campbell

The action involves conflicting claims to the use of the water of Beaver Creek, in Lassen County. Defendant answered plaintiff’s complaint, and also filed a cross-complaint, some of the allegations of which were denied by the plaintiff. The court found that certain lands of both parties were riparian to the stream and also found:

The judgment decreed that defendant was entitled to divert from said stream by means of a dam and ditch, described in the answer and cross-complaint, seventy-five inches of water measured under a four-inch pressure for the use of a part of his land known as the William Coen homestead, and of the remaining waters of said creek the plaintiff should have fifty-three one-hundredths and the defendant forty-seven one-hundredths, and that the parties in the same proportion should pay the expense of maintaining the .dam in the creek.

Appellant contends: 1. That there is no finding that irrigation is necessary on said William Coen homestead and no evidence to support such finding. 2. “There is no evidence to show or tending to show that seventy-five inches of water is necessary for the irrigation of the lands of-defendant or that the continuous flow of…