Churchill

This was a suit by ten plaintiffs against eighteen defendants to enjoin the latter from diverting the water of a stream called Pine Creek, in Modoc County. The complaint contains two counts. The first count alleges, in substance, that each plaintiff is the owner in severalty of a described lot of land, and that “ all the said lots of land constitute one complete lot and body of land, and are all irrigated by the same stream of water, and from a common source, and cannot be.irrigated by any other source.” As we construe this count, it alleges that all of the plaintiffs are riparian proprietors. It first alleges that “the said stream has natural and well-defined beds and banks, and a natural and well-defined channel from its source to and upon the lands of the plaintiffs, and across said lands respectively, and that said creek, in *234 its own natural channel, when unobstructed, naturally flows to and upon the said lands of plaintiffs.” The respondents contend that this allegation is overcome by the following, viz.: “That said Pine Creek, in its own natural channel, flows upon and across the lands herein described as the lands owned by plaintiff Churchill, and Adin McDowell, and…