Estrada

This is an action to quiet the title of plaintiff to the waters of San Luis Obispo creek, and to restrain the defendants from diverting said waters.

The complaint alleges that plaintiff became a corporation June 4, 1895, whose object it was to furnish the town, now the city, of San Luis Obispo, in the county of that name, and the inhabitants thereof, with pure( fresh water, and is now so engaged. That plaintiff became the owner about the date named, by assignment and through mesne conveyances, of a certain franchise, granted by the legislature of California to M. A. Benrimo and others by an act entitled “An act to provide for the introduction of good and pure water into the town of San Luis Obispo,” 'approved March 28, 1872; that the grantees of said franchise, and plaintiff and its *172 predecessors in the ownership of said franchise, have in all things complied with the terms and conditions thereof; that, to carry out the purposes of the corporation, it erected a dam across the bed of San Luis Obispo creek about October 25, 1875, and appropriated and diverted through a dam, pipes, and flume all the waters of said creek, and ever since said date has continuously and adversely to…