Jeffery

This action was brought to enjoin defendants from permitting waste water from their lands to flow across the land of plaintiff:. The essential facts. are few. The Crouch ranch lies several miles northeasterly from the plaintiff’s property. De Bock slough extends southwesterly through the Crouch property, then through several other lands until it reaches and goes through that of plaintiff. In 1926, defendant Stevens purchased a portion of the Crouch ranch, and defendants Estes and California Lands, Inc., each purchased portions constituting the remainder. The court found that water used by defendants for watering stock was allowed by them to flow into De Bock slough, and thence across plaintiff’s land, to her damage. Judgment was given as prayed, enjoining defendants from permitting any water to run over the lands of plaintiff. Defendants appeal.

The position of defendants, taken by them in their answer and cross-complaint, is that the unauthorized drawing of waters complained of has continued openly and under claim of right for over five years, and that consequently defendants have acquired a prescriptive right or easement to have the waters flow in this manner.

Only a brief…