Scott

This is an appeal from a judgment of the superior court of Lassen County, which enjoins defendant and appellant from conducting the water of Bagwell Springs through a pipe-line constructed by appellant in 1924 from Bagwell Springs to its mill-pond on the south bank of the , Susan River, in Lassen County, California. The geographical and topographical conditions involved in the controversy are best illustrated with a map and chart, but the findings of the trial court have described such conditions substantially as follows:

Susan River comes out of the mountains to the west of the town of Susanville and flows in an almost straight easterly direction. A short distance after the river comes out of the mountains it is joined on the north side by a tributary called Piute Creek. Piute Creek flows in a southeasterly direction and joins Susan River at an acute angle. Between the point where Piute Creek comes out of the mountains and where it flows into Susan River.there are certain ranches. The ranch closest to the mountains is the Cain Ranch, owned by the appellant, and Piute Creek flows across this ranch. Next below is the Long Ranch, also owned by appellant, and Piute Creek flows…