Dixon

In the year 1873 the United States issued to one F. Hoffman a patent for certain mining ground, *584 one hundred and sixty and seventy-seven one hundredths acres in area, called by the parties here the “Hoffman placer claim.” On the easterly and lower side of this, though not quite contiguous to it, lay an- “ other parcel of mining ground containing some fifty-eight acres, and called the “ Smith placer claim.” At the date of said patent there was, and is yet, a water ditch heading about half a mile above the Hoffman claim, and extending through the same to a reservoir a few rods within the eastern boundary thereof, and thence on to the Smith claim, a total distance of about three miles, half of which entire length is included in the Hoffman tract or claim. Mining on both the Hoffman and Smith claims, and to some extent elsewhere, has been carried on by means of water drawn through this ditch; though the ditch was originally constructed— as early as 1855—and has been mainly used, to work the Smith claim. Said Hoffman became the owner of the ditch in 1875; it does not appear that he could, or ever did, make use of the same, except in connection with said two placer…