Cate

The plaintiff is, and for more than ten years last past has been, the owner in fee and in possession of a tract of land forming a part of the ¡Rancho ¡Ranchito, situated in Los ¡Nietos Township, in the County of Los Angeles, and bounded on one side by the San Gabriel River. About the year 1868, he, together with sixteen other owners of separate tracts of land upon that rancho, constructed the ditch in controversy, called the “ Cate Ditch,” by which they conducted water from the river San Gabriel upon their several tracts of land, for the purpose of irrigating the same; and he and they have continued to use. the ditch for that purpose, from that time up to June, 1878, when the defendants took the exclusive possession of the ditch and the waters therein flowing.

The expenses of the construction and repair of the ditch have been borne by the respective parties, in proportion to the quantity of land irrigated by them. Other persons, desiring to irrigate their lands, have continued the ditch to and upon their respective tracts of land, and they have contributed to the construction and repairs in the same manner, and have had the same management and control of the ditch, as those who…