Bayles

Respondents and the appellant entered into a lease and agreement whereby respondents rented from appellant two tracts of land, one containing approximately 400 acres and another 70 acres, for the growing of rice. The controversy here revolves around the obligation of the parties with respect to the delivery of water and the application thereof to the tracts in question.

Two sources of water are mentioned in the contract. One of these was Butte Creek, which lies about two miles westerly from the leased lands. A system of canals carries the water from Butte Creek to the 400-acre tract, one leading to the northwest corner thereof, another going to the northeast corner of the same tract. This latter system of canals had in more recent years been allowed to fall somewhat in disuse, and to have carried the water of Butte Creek to the northeast corner of the tract during the year in question would have required some reconstruction and repair.

The other source of water referred to in the contract was Cherokee Canal, from which water was diverted and conducted to the northeasterly corner of the larger tract and from there spread over the entire leased lands. Early in the season ample…