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Stratton (P) owned land downstream from (D). In addition to the land bordering the stream, D owned other, nearby property which was located in a different watershed. D installed pumping apparatus on its property and began diverting 60,000 gallons of water a day from the stream, some of which was used on the other property. This diversion of water caused a marked decrease in the volume and flow of the stream through P's property.

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