Barrows

— The plaintiffs in this action are successors in interest to an appropriator of running water. The appropriation was made at a time when all the lands affected were public lands of the United States, and by means of a ditch and flume through which the water diverted, from the stream was conducted to the lands now owned and occupied by the plaintiffs, where it was applied to irrigation, watering stock, aud domestic purposes. The diversion and use of the water for these purposes and by these means liad been continued for more than thirteen years prior to the trial of the action in October, 1890. The defendants, long subsequent to the appropriation by plaintiffs’ grantor, became the owners of riparian lands through which the stream flows in its natural course below the dam maintained by plaintiffs for the purpose of forcing the water into the head of their ditch. The lauds of plaintiffs are not on or adjacent to *65 the stream, and no surplus or waste water will flow from their lands back into the stream, above or within the limits of defendants’ lands. In the summer of 1890 the defendants, for the purpose of diverting the water from the plaintiffs’ ditch and flume, and bringing it…