Blankenship

By his action plaintiff seeks an injunction restraining defendants from interfering with him in the use of a certain ditch upon the lands of defendants. Plaintiff avers that he “constructed a certain irrigating ditch” upon lands which were at the time the lands of one R. G. Rogers, under an agreement with Rogers that he, plaintiff, was to have the perpetual right to the use of the ditch for the purpose of conducting water to his lands, together with the right at all times to enter upon the premises of Rogers to repair the ditch and *302 keep it in proper condition. He alleged that for ten years last past he had qpenly and notoriously and adversely to all .others used the ditch for the indicated purpose; that about a year before the commencement of the action the defendants 'became the reputed owners of the land upon which the ditch is constructed, but that they became such owners with full notice of the existence of the ditch and of plaintiff’s rights therein and thereto. Prior -to the commencement of the action defendants informed plaintiff that they would not then nor at any time in the future permit him to use the ditch, or run water through it to his lands, or enter upon the…