Clendenin v. White

The complaint alleges that the plaintiff and defendants are adjoining land owners, plaintiff’s land being higher in elevation than that of defendants; that there are certain springs on plaintiff's land from which water flows over and across plaintiff’s and defendants’ lands through a ditch constructed “in a well-defined depression where the water from said springs formerly flowed before the construction of said ditch”; that more than twenty years ago, “plaintiff and defendants by mutual consent and with the express understanding and agreement that said ditch should be used jointly across the…