The State conceded that claimants' lands were flooded during the year 1945 to their damage of $950 "by reason of the construction and maintenance of the Barge Canal facilities". The State asserts, as its sole defense, that during the period from 1914 to 1936 it acquired a prescriptive right to maintain Caughdenoy Dam at its 1945 level and the prescriptive right to flood claimants' lands. Under the facts in this case such a right must depend upon the actual flooding of claimants...
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