Hartson

This is an action for damages for the alleged wrongful diversion of water, and to quiet title to rights asserted to the use thereof.

Judgment went for the defendants in the trial court, and this appeal is from said judgment and an order denying the motion of plaintiff for a new trial.

The waters involved are those of the Susan River in Lassen County. A portion of the waters of that river leave the main channel and pass down what is known as the “Dill” and “Van Noten” sloughs to their junction, where they form what is known as the Big Slough. The waters flowing into said Big Slough are taken therefrom by all of the parties to this action for irrigation and domestic use. The defendants by - means of dams in the Big Slough and ditches leading therefrom first take the waters from said slough, and lower down through what is known as the Hartson Slough, a minor slough diverging from said Big Slough, the plaintiff takes such waters as defendants are not entitled to. The defendants also, by dams constructed at points near the head of the "Dill” and "Van Noten” sloughs, prevent the waters of Susan River, between June 20th and August 1st of each year, from passing into such sloughs and…