Anderson

The plaintiff is a corporation and has for many years been engaged in the business of raising cattle in Lassen County and owns a body of land, consisting of 1,280 acres, upon which it has for many years raised and harvested hay and pastured cattle. The climate and the lands in the immediate neighborhood of those owned by the plaintiff and just referred to are arid and it is, of course, conceded that grasses suitable for making hay cannot be grown upon said lands without irrigation.

It appears from the complaint, the evidence, and the findings that the lands of the plaintiff constitute what is Imown as a sink and has been formed largely through the emptying and spreading thereon of the waters of a certain mountain stream known as Red Rock Creek. This creek has its source on the west side of what is known as the “Warner Range of Mountains.” It flows in a general southeasterly direction to, over, and across certain lands known as the “Moulton Meadows” and thence to, over, and across the said lands of the plaintiff. Red Rock Creek is one of the characteristic mountain streams which are sometimes known as “flash” creeks, whereby it is meant that the volume of water is variable and…