Gage

— The plaintiff, a California corporation organized for the purpose of appropriating, owning, selling, and distributing water for the irrigation of lands, and for domestic and other purposes, brings this suit to determine the adverse claim of the defendant to a portion of the waters of the Santa Ana River, and for an injunction restraining the defendant from diverting water in excess of his right.

The findings and decree of the superior court were in favor of the plaintiff, and the defendant appeals from the judgment, claiming that the findings do not correspond with the allegations of the complaint, and that they are insufficient to support the decree.

The substance of the decree is, that the plaintiff is, as against the defendant, the owner and entitled to the use of all the water flowing in the Santa Ana River at the head of defendant’s ditch, during the irrigating season of each year, i. e., the months of May, June, July, August, and September, except 289£ inches, which the defendant owns and is entitled to use, and the defendant is perpetually enjoined from diverting or obstructing the flow past his ditch of any water in excess of that quantity.

It is contended, in the…