Johnstone

The controversy was over the title and right to the possession and use of the waters of Raider Creek, in Modoc County. Plaintiffs claimed that they weré entitled to 750 inches of the water measured under a four-inch pressure, and that the defendants wrongfully entered upon the channel of said Raider Creek at a point above the lands of the plaintiffs and diverted a portion of the water from the main channel of said stream so as to deprive plaintiffs of a part of the water to which they were entitled, and which was necessary for the irrigation and maturing of their crops, greatly to the damage of said plaintiffs. Plaintiffs, therefore, sought the decree of the court to establish their rights to the waters of said stream, as set forth in their complaint, and the right of plaintiff Walter A. Johnstone to maintain “his said dams and ditches upon and across the lands of defendants”; and that said defendants be enjoined and restrained from diverting or interfering with the flow of the water of said creek to the lands of plaintiffs in the quantities mentioned in the complaint, and from in any manner interfering with the maintenance by said Johnstone of the said dams and ditches. The…