Barrows

The plaintiffs claim to be the owners and tenants in common, and entitled to the possession, of a certain “water ditch, conduit, flume and waterway,” by means of which certain waters flowing from a spring in what is called “Brunson Canyon” are conducted, together with the right of way for the same, over certain lands of which description is given. They also claim, in connection with the right of this waterway, that as tenants in common they own, as prior appropriators for use for “stock, domestic and irrigating and other useful purposes,” all the water flowing from the spring in question, to the extent of two hundred inches of water, under a four-inch pressure. They assert that they have thus used these waters, for about thirteen years, .adversely to the whole world. That the defendants, about the 15th of July, 1890, took and appropriated all the waters of the natural stream which came from the spring above the plaintiffs’ ditch and prevented the plaintiffs from enjoying the use of the *528 waters they had appropriated, and that the defendants threaten to continue to deprive the plaintiffs of their rights in the premises, and will do so if not restrained by injunction. Damages are…