Boie

The Black Rock Power & Irrigation Company et al., appellees herein, brought suit to quiet their title to a power plant, transmission line, and pumping station situated on the Columbia river. Prom a decree quieting said title, 357 defendants appealed to this court, and were successful in reversing the decree. Adamson v. Black Rock Power & Irrigation Co. (C. C. A. 9) 297 P. 906 . Thereafter, in obedience to our mandate, the District Court for the Eastern District of Washington entered a new decree, from which 40 of the original defendants again have appealed.

The facts require no statement additional to that contained in our former opinion. The contention now made is that the present decree, like the old one, excludes the appellants as water users from any property right in appellees’ irrigation instrumentalities, and leaves them virtually in the position of eontraetees. While it is true that the decree declares the appellees to be the owners in fee simple of the legal title to those instrumentalities, it also provides that “said property is subject to and impressed with a perpetual trust, nevertheless, for the use and benefit of the defendants and their respective successors in…