Utt

This is an action to quiet the title of plaintiff to the water of the San Luis Rey river and its tributaries, and more particularly the water of Paubal creek, a branch of said river, and of a certain water ditch taking water therefrom, known as the Ardillo ditch, and formerly known as the Paubal ditch, situate in the county of San Diego, and used by plaintiff to conduct the water of said Paubal creek to certain land and premises of plaintiff described in the complaint.

The answer denied most of the material allegations of the complaint; admitted plaintiff’s ownership of the land described in the complaint, riparian to said stream, and by way of cross-complaint set up ownership of certain land, riparian to said stream, and ownership of all the water of Paubal creek, etc.

The cause was tried by the court without a jury, written findings filed in favor of plaintiff, establishing his title to twenty-five inches of the water of Paubal creek, upon which judgment was entered, establishing the right of plaintiff to the Ardillo ditch, and to the prior right to the use of twenty-five inches of water of said Paubal creek during the irrigation season of each year, viz., from April 1st to…