Byers

The plaintiffs appeal from a judgment in their favor, claiming that on the findings a different judgment should have been entered. The case as shown by the findings is as follows: The plaintiffs are the owners of several tracts of land, described in the complaint, lying in one body on the west shore of Honey Lake, in Lassen County, through which there flows easterly into the lake, through several channels, the stream known as. Susan River, and the suit was brought to enjoin the maintenance of a dam lately constructed by the defendant in the river, to the west of plaintiffs’ lands, and just below the mouth of a confluent known as Willow Creek, and to have the same abated as a nuisance.

The findings of the court, so far as material to the question involved, are, that ’the plaintiffs are the owners, as riparian proprietors and by appropriation, of the right to use the waters of Willow Creek, and also the waters of Susan River, except certain of its waters subject to diversion by the defendant, above the junction of the streams, as adjudicated in a former decree, and, as conclusion of law, that they are entitled to the unobstructed flow to their lands of all the waters of Willow…