Gutierrez

This action- was brought to quiet title to the waters of a small stream called Casitas Creek, and to have the proportionate rights of the parties to said waters definitely determined. The court made findings and rendered a judgment, and from a part of this judgment defendant appeals. No errors of law are assigned, and the only grounds for a reversal are that certain findings of fact are not supported by the evidence. Each of the parties is the owner of a tract of land riparian to said creek, defendant’s land lying immediately above and adjoining the land of plaintiffs. The creek rises in a spring on defendant’s land, and flows through his land onto the land of plaintiffs, and runs through plaintiffs’ land about three fourths of its length, when it is all finally absorbed by the soil. Defendant having claimed all the waters of the spring and creek, and threatened to divert the same unless plaintiffs pay him certain money, plaintiffs commenced this action for an injunction against the infringement of their riparian rights and for a decree settling the proportionate ownership of the parties of the waters of the creek, and also prohibiting defendant from maintaining a certain…