Cave

There can he no doubt that the appellant Crafts is bound by the decree in Folks v. Crafts, so far as is concerned any claim on his part to the use of waters by reason of his one-sixth interest in the Carpenter ranch. Even if the same subject-matter were involved in the prior action of Crafts v. McCoy, the judgment in the prior action was not pleaded as a former determination in Folks v. Crafts. But the issue was different. In Folks v. Crafts the question was, what were the rights of the parties with respect to the use of certain waters when that action was commenced. Crafts v. McCoy had been finally adjudged before Crafts acquired his one-sixth interest in the *138 Carpenter ranch; and Crafts acquired the one-sixth interest prior to the commencement of the action of Folks v. Crafts. All the rights of Crafts in the waters - of the stream, as they existed when the suit of Folks v. Crafts was brought, were necessarily settled by the decree in that case, since they were, or could have been, there asserted.

Appellant Crafts claims the right to continue the use of water on the “ See ” and “ Criswell ” places by reason of adverse use for more than five years. It is enough to say that…