The defendant (D) is the owner of riparian lands on the St. Vrain Creek. The plaintiff (P) had appropriated, and claimed to be the owner of, water diverted from the St. Vrain Creek, and used to irrigate P's land. The water flowing through the St. Vrain became insufficient to irrigate both P and D's land. D tore out a portion of P's dam in order to increase the flow of water to his property. P sued for damages and injunctive relief. The lower court found for P. D appeals.

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