Wood

Plaintiffs are the owners, as tenants in common, of several parcels of land described in the complaint, through which a stream known as East Canyon creek flowed in its natural course.

The Etiwanda Water Company is a corporation, and for convenience will be treated as the sole defendant, inasmuch as the court found and decreed that the other defendant had no interest in the litigation, and no question is made upon that part of the judgment.

In the year 1883 the defendant diverted water from said stream upon one of the parcels of land now owned by plaintiffs, but which was then public land of the Hnited States, by means of a dam and flume, and conveyed it over other parcels of plaintiff’s land and used it for irrigating purposes upon lands owned by the stockholders in the defendant corporation. Plaintiffs afterward diverted water from the same stream below defendant’s dam, and used it for irrigating their lands. In June, 1893, the defendant removed the flume and laid a pipe line over plaintiff’s lands, through which the water was conducted to defendant’s stockholders. It was claimed by plaintiffs that the quantity of water diverted through the flume did not exceed fifty inches,…