Walker

— This action was brought to enjoin defendants from depositing dirt upon plaintiff’s land, and from diverting water from plaintiff’s canal on his said land, and for damages. Judgment was rendered for plaintiff, enjoining defendants as prayed for, and defendants appeal from the judgment, and from an order denying a new trial.

We think that the evidence supports the findings.

Plaintiff owns a tract of land through which there is an artificial water-way, or canal, about seven feet deep *458 and forty feet wide, which is wholly owned and controlled by plaintiff, and was originally constructed mainly for purposes of navigation. It receives it waters — or most of them—from a slough connected with the San Joaquin River, and is filled and emptied by the flow and ebb of the tides of the Pacific Ocean, although the water which flows into it is river water, and fresh. The appellants divert water from said canal by means of a ditch which they dug through and over plaintiff’s land, and connected with the canal by a box. They seem to take the position that when the canal is filled by the influence of the tides, the amount of water in it is inexhaustible, and incapable of being diminished;…