Duell

Heydenfeldt, J., concurred.

This is a causé in which it appears from the record, that the Bear River Water Company having used at various places the water they were conducting for mining purposes, discharged the same into a ravine filled for the greater part of the year with living water. It appears, that two ditches had been previously constructed upon the ravine, for the purpose of using the natural water running therein, one called the “ Patterson Ditch,” and another the “ Allen Ditch ”

It also appears, that the Bear River Company, the defendants, in order to be able to take up the water which they discharged into the ravine, and for other purposes, purchased out the right of the “ Allen Ditch,” and also constructed one called the “ New Castle Ditch,” leading from the same ravine. But previous to the purchase of the “ Allen Ditch,” and the construction of the one called the “ New Castle Ditch,” the defendants, the Bear River Company, assert and seek to establish by the evidence, that the owner of the “ Patterson Ditch ” stated to the officers of the Bear River Company, that he claimed for his Ditch but twenty-four cubic inches of water; and they claim that Duell, the…