Faulkner

This is an action to quiet title to a certain ditch and water right; to recover damages for the diversion of water therefrom, and for an injunction restraining defendants from such diversion.

Plaintiff had a decree establishing his title to the ditch extending from his ranch, therein described, to a *141 certain stream known as South Wolf creek, and his prior right at all times to divert from said South Wolf creek, and to conduct the same through said ditch, water to the extent of thirty-one (31) inches, measured under a six-inch pressure; that the rights of defendants in and to the waters of said stream and its tributaries are inferior and subordinate to those of plaintiff; enjoining the defendants from interfering with said water to the extent of plaintiff’s right, and awarding damages against defendants for one hundred dollars, together with costs of suit, and further decreeing defendants to be entitled to use for the purposes of irrigation upon the Paro and Rondoni ranches so much of the waters of said South Wolf creek and its branches as remains in excess of the amount decreed to plaintiff.

The cause was tried by the court without a jury and written findings…