Cardoza

The action involves the right to the use of the waters of two gulches, known respectively as “ Heybrook Gulch” and “ Barker Gulch,” tributary to Greenhorn creek, in Siskiyou county.

The complaint alleges the ownership in plaintiffs and their predecessors for upward of forty years of a ditch known as the “Cornish & Co.” ditch, which taps said Greenhorn creek, and in its course along the bank of said creek crosses the two gulches named and takes the waters therefrom; that the carrying capacity of said ditch is three hundred inches, measured under a four-inch pressure, and that by means thereof plaintiffs and their predecessors have, during said period and down to the interference of the defendants, appropriated from said creek and said gulches, and devoted to a beneficial use, that quantity of water, which ordinarily included all of the waters of said two gulches; that the plaintiffs right includes the use of the waters of said creek every day between the hours of 6 o’clock p. m. and 6 o’clock a. m., and the waters of said gulches all of the time, both day and night; 'that in January, 1895, within thirty days prior to the bringing of the action, and at a time when there was less…