Davey

This is a motion to remand the cause to the state court. The action is against several defendants, sued jointly to quiet plaintiff’s title to the waters of a natural stream, it being alleged that plaintiff is rightfully in possession and entitled to the use for the purposes of irrigation of a certain quantity of water, “constituting the na'tural flow and flood waters of Kelsey creek, in the county of Lake, state of California, and of any waters flowing or lying beneath the surface of the gravel or in the ground in the bed of said creek,” etc., and that “the said defendants claim, and each of them claims, an estate or interest in said waters and water right and in the use of said waters, adverse to the said plaintiff and his said use thereof,” without right, etc., with a prayer that the rights of the parties be settled by the decree. The plaintiff and all of the defendants but one are residents and citizens of this state. The nonresident defendant, the Power & Irrigation Company of Clear Lake, is an Arizona corporation, and has removed the cause here solely upon the ground that there exists, as between it and the plaintiff, a separable controversy.

[1, 2] I am disinclined to hold…