Goff

This action concerns the right of respondents to transport irrigation water across land owned by third persons.

Mr. George, who is not a party to this action, owned contiguous lots of approximately 10 acres each, near the City of Dos Palos, County of Merced. He sold the south lot to appellant Shaw, who subdivided it. Prior to Shaw’s purchase, an- open ditch carried irrigation water from a source on the north lot, retained by George, southerly about half way across the Shaw lot and thence westerly to the west line thereof. Shaw’s west line is also the east line of respondents’ property. However, respondents own only the south half of the lot adjoining Shaw on the west; the north half is owned by one Plescher, who is not a party to this action.

Before Shaw subdivided his lot, the owners of all four parcels involved, respondents Goff, appellant Shaw, Mr. *176 George and Mr. Pleseher, by mutual agreement relocated the irrigation ditch so that it no longer ran south and through the proposed subdivision parcel, but directly west on the property retained by George, to the lot owned by Pleseher, and thence southerly to respondents’ property. Thus the ditch was relocated along the common…