[1] Waters and Water Eights—Surface Waters—Obstruction of flow—Eight of Land Owner.—One has no right to obstruct the flow on to his land o£ what are technically known as surface waters, but by surface waters are not meant any waters which may be on or moving across the surface of the land without being collected into a natural watercourse, but only waters falling on the land by precipitation or arising thereon in springs.

[2] Id.—Flood Waters—Eight of Obstruction.—One has the right to protect himself against flood waters, that is, waters escaping from a natural watercourse, and for that purpose to obstruct their flow on to his land, even though such obstruction causes the water to flow on to the land of another.

[3] Id.—Natural Watercourse — Obstruction.—One may not obstruct or divert the flow of a natural watercourse, that is, a stream in the real sense, with a definite channel with bed and banks, within which it flows at those times when the streams of the region habitually flow, but not meaning the gathering of errant water while passing through a low depression, swale, or gully.

[4] Id.—Escaping Waters of Stream — Nature of — Protection Against by Property Owners.—Where, at a time of extreme high wafer, some of the water of a canyon on emerging from it broke out of its channel and flowed down the opposite side of the cone of detritus from that which it had previously flowed, such water was flood water running wild, and property owners threatened thereby had the right to protect themselves against it as best they could, it being immaterial that the water had made for itself a channel or followed some natural channel, gully, or depression and had come to the properties as a stream instead of spreading out over the ground.

[5] Id. — Action for Damages — Estoppel by Former Judgment — Insufficiency of Pleading.—In an action to enjoin the diversion of flood waters, the court properly refused leave to file a supplemental answer pleading a judgment against the plaintiff in another action brought by him against the defendant, where there was no allegation that the issue in question was in fact determined by the judgment adversely to the plaintiff, or any equivalent allegation showing an estoppel.

[6] Judgment—Estoppel.—If the issue as to which estoppel by former judgment is claimed is one which had to be determined by the jury in order to arrive at their verdict, the verdict and consequent judgment are a final determination of the issue binding upon the parties in all subsequent litigation, but if the issue were not the one which the jury had to decide to arrive at their verdict, there is no estoppel with regard to it.