Cresson Consolidated Gold Mining & Milling Co. v. Whitten

Prior to July 7, 1942, the Golden Cycle Corporation, hereinafter referred to as Cycle, original plaintiff in this action,, had driven the. Carlton Tunnel some five, miles into the mountain side in Teller County. The tunnel, located at an elevation of 6893 feet, was driven for the *275purpose of draining mines in the Cripple Creek mining district, so that they might be worked at lower levels, and also for the purpose of developing and putting to beneficial use water entrapped in a cone area and from which area water, due to the impervious nature of the rock filling the cone area and the walls…