The defendant was and is entitled to appropriate and beneficially use all water available in Granite Creek for domestic uses which are the public waters of the state of Idaho including (1) all water in excess of that which the plaintiff Bullers is entitled to receive under his license and certificate of water right, (2) all water which was in the channel of Granite Creek after it ceased to reach respondent, (3) all water not needed or not applied to a benecial use, (4) freshets and flash floods, (5) winter water, and (6) seeps or percolating waters. Poole v. Olaveson, 82 Idaho 496, 356 P.2d 61; Mountain Home Irrigation District v. Duffy, 79 Idaho 435, 319 P.2d 965; Section 42-104, Idaho Code; Glavin v. Salmon River Canal Co., 44 Idaho 583, 258 P. 532; Hutchinson v. Watson Slough Ditch Co., 16 Idaho 484, 101 P. 1059; Knutson v. Huggins, 62 Idaho 662, 115 P.2d 421; State v. Twin Falls Canal Company, 21 Idaho 410, 411, 429; 121 P. 1039, L.R.A. 1916F, 236; Beecher v. Cassia Creek Irrigation Company, 66 Idaho 1, 154 P.2d 507; Silkey v. Tiegs, 51 Idaho 344, 5 P.2d 1049; 93 C.J.S. Waters § 170, p. 906; 93 C.J.S. Waters §§ 174-179, pp. 922-930; Crane Falls, etc. v. Snake River Irrigation District, 24 Idaho 63, p. 81, 133 P. 655; Nelson v. Parker, 19 Idaho 727, 115 P. 488; Youngs v. Regan, 20 Idaho 275, 118 P. 499. The respondents, Wesley and Robert Ward, have no legal title to any water in Granite Creek upon which said title they can rely to maintain this action because the Bullers' ditch has not been substituted for the natural channel of Granite Creek and in any event a riparian proprietor cannot assert a right in derogation of the rights of an appropriator.