HOLLAND, Justice.
The parties hereto own adjoining acreage in Rio Blanco county. Plaintiff in error will be referred to as plaintiff. His land is west of defendant's land, and the White River crosses defendant's land in a westerly direction and turns north and continues along the north boundary of plaintiff's land. Plaintiff is the owner of the Hayes Ditch with headgate, since 1931, located on the westerly bank of the river and on defendant's land. Near this headgate...
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