Corbit

This is a suit to determine a water right. The court below adjudged that the defendant’s right to take and use water out of the stream in controversy, “for all his uses on the land occupied by him,” was “ paramount, to the right of plaintiffs to use said water,” and from that judgment the plaintiffs appeal on the judgment-roll.

The findings are in substance as follows: On November 3, 1875, and for a long time prior thereto, one Mrs. Munoz was the owner and in possession of a tract of land on which a small stream of water arose, and flowed thence through the same in a well-defined channel; and during the whole period of her ownership she used the said water for her household purposes, for watering her live stock, and for irrigating the parcels of her land, respectively now owned by plaintiffs and defendant.

*590 On November 3, 1875, Mrs. Munoz conveyed to one Deleissiguez the tract of land described in the complaint as lot 5, the northerly line of which was run along the general course of said stream, crossing and recrossing the same. At that time a dam was constructed at a point on the stream near the northeast corner of lot 5 for conducting water upon said lot; and from the…