In Felsenthal v. Warring (1919) 40 Cal.App. 119, wherein the owner of a water-ditch easement sought to reconstruct the ditch along a new line (25 to 40 feet west of the old line) the court in discussing section 806 with respect to the act of July 26, 1866, stated: "Whether respondents' title to a right of way for a ditch be regarded as one resting upon an express grant from the government under the act of July 26, 1866, . . . or upon prescription -- an implied grant -- the result is the same. If regarded as an express grant from the government, it was a grant that did not specifically bound or define the right of way. While the land was still a part of the public domain, the way became definitely fixed and located along a certain line by the conduct of the grantees, the respondents here ; and when appellant's land acquired the impress of private property, the terms of the grant could not be changed, without his consent, so as to change the character of the easement or materially increase the burden of the servient estate. . . . The nature of respondents' enjoyment of the servitude consisted in conducting water in an open earthen ditch that followed a certain well-defined and established course over appellant's land -- a line that had been established for many years. That line, therefore, and none other, fixed the extent of the servitude that rested upon appellant's realty."