Appeal erom Obdeb Denying New Trial—Questions Not Reviewable.—On an appeal from an order denying a new trial, the questions whether the complaint is sufficient to support the judgment or whether the court erred in overruling the demurrer to the complaint, or whether or not the judgment is supported by the findings, cannot be considered.

Water-Rights—Source of Stream—Subterranean Channel—Evidence—Findings.—Where the evidence is conflicting as to the location of the source of a natural stream, and the court finds on conflicting evidence that it did not flow in a well-defined subterranean channel above the point determined to be its source, such findings cannot be disturbed on appeal.

Id.—Subterranean Water Presumed to Be Percolating.—Subterranean water is presumed to be percolating, and one who claims rights in it as a flowing stream has the burden of showing its existence.

Id.—Prescriptive Right against Riparian Owner.—The right to take water from a stream, as against riparian owners, may be acquired by prescription.

Action to Establish Water-Rights—Injunction against Unlawful Diversion—Corporation as Agent of Individual Stockholders.— A corporation organized for the purpose of distributing to its stockholders the waters of a certain stream, to which they each either had riparian rights or had acquired a right by prescription, may maintain an action against an upper riparian proprietor to establish such rights, and to enjoin him from using more than his share of the water. In such action, it is immaterial to the defendant whether the rights sought to be enforced were enforced by the individual owners separately, or through a corporation representing them, either as their agent and trustee, or as the possessor of their former titles.

Id.—Extent of Use by Upper Proprietor—Diversion by Lower Proprietors.—An .upper riparian owner is limited in his right to the use of water upon his riparian land within the watershed of the stream. He may take his proper proportion of the water, but must return the surplus to the channel of the stream at the lower boundary line of his land. After having used his legitimate part of the water, he cannot object to its diversion to any beneficial use by the lower riparian owners or appropriators or their successors in interest, even if some of the water taken by them is carried beyond the watershed.