Glassell

The plaintiffs and the intervenors claim the ownership of certain waters in Verdugo cañón in the county of Los Angeles, and complain that' defendants are obstructing their use of the same and polluting the stream. .

The defendant Teodoro Verdugo owns the land upon which the water rises. The other defendants ■claim under him. All deny obstructing the flow of any water to which plaintiffs or intervenors are entitled, or that they are polluting the stream.

Judgment was against the defendants upon all points, and they appeal from the judgment and from a refusal of a new trial.

All the parties own, or claim under those who own, in severalty, various tracts of land, parts of the rancho San Rafael. The lands included in the rancho were partitioned by a decree of the district court on the twenty-ninth day of November, A. d. 1871. By this *505 decree the waters on the ranch were divided and assigned to the several parcels of land.

The following extract from the statement found in the record shows all that is necessary to know in regard to said partition:

The court in such an action is not required to adopt the report of the referees as a whole or reject it, but may modify and change…