Perry

This is an appeal by plaintiffs from an order denying their motion for a new trial.

The action involves a determination of the separate rights of several persons to the waters of Greenhorn Creek in Siskiyou County. The plaintiffs challenge the decision only so fas as it declares the respective rights of the defendants Charles H. Calkins, Andrew S. Calkins, and the city of Yreka.

The plaintiffs own about five hundred acres of land known as the “Quinn Place,” situated on or near Greenhorn Creek, and a ditch known as the “Lower Greenhorn ditch,” through and by means of which they, and their predecessors in interest have been for many years conducting the waters of the creek to said land for use thereon in irrigation and mining. The defendants, Charles H. Callcins and Andrew S. Calkins, each owns lands bordering upon said creek situated above the point where the plaintiffs’ ditch takes water therefrom and above the lands of the plaintiffs. The city of Yreka claims the right to divert water from said creek by means of a drain at a point half a mile above, and also by a submerged dam two miles above, the head of the plaintiffs’ ditch and to conduct the same to said city for the use of…