Foreman

This is an action for damages for diverting the waters of plaintiffs, and for an injunction to restrain the defendants from the further diversion thereof.

Among other things, the complaint, in effect, alleges that” the west branch of Cañón Creek and Cañón Creek were natural watercourses, the waters of the former flowing into the latter; that the plaintiff Foreman owns a tract of land situated upon the west branch of Cañón Creek, and also fifteen inches of the waters of said creek for the purpose of irrigating her said tract of land; that the plaintiff Rogers owns a tract of land situated upon Cañón Creek, and also thirty-five inches of the waters of said creek for the purpose of irrigating his said tract of land; that plaintiffs, by means of ditches erected by them respectively, carried said waters from the aforesaid creeks over and upon their tracts of land; that the defendants, at a point above the lands of plaintiffs, diverted the said waters from their natural *292 channel, depriving said owners thereof, and by such diversion plaintiffs suffered damages in the sum of one thousand dollars.

A demurrer to the complaint was filed, upon the ground that there was a misjoinder of…