GIVENS, Justice.
Indian Creek, a natural stream of fluctuating, seasonal flow, augmented by drainage and waste waters from various sources, extends generally northwesterly through Nampa, thence to and through Caldwell. In Caldwell respondents own and operate a grocery in a building owned by them, built partly over Indian Creek.
Appellant owns and operates a sugar beet factory about ¾ of a mile north of Indian Creek, west of Nampa and six or seven miles...
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