Skelly

The parties to this action own lands riparian to Dennison Creek, a small stream rising on the western front of the Santa Cruz Mountains, in San Mateo County, and flowing westward through the lands of the parties to the ocean. The appellants’ lands—which we will call the Cowell properties—lie below those of the respondent Torello and above those of the plaintiffs on the stream. The action was begun by plaintiffs and respondents John D., A. G., and Edward D. Skelly, Mrs. Skelly Therkoff, Mrs. Josephine Valencia, Debenedetti, and Deneri against the defendants Torello and the Cowells to have the waters of Dennison Creek admeasured between the parties according to their respective rights thereto as riparian proprietors.

The parties stipulated that the minimum flow of the stream was sixty-two miner’s inches, and' the court, basing its decision upon the respective riparian acreage capable of irrigation owned by each of the parties, adjudged that the Cowells have fourteen inches of this" water, and divided the remaining forty-eight inches among the other parties.

The Cowells claim all the water in their pleadings, basing their claim upon prescription arising out of an adverse user,…