Terrace Irrigation District v. Overflow Ditch No. 1
Supreme Court of Colorado
Action to enjoin diversion of water on account of abandonment. Judgment for plaintiffs. On Petition for Rehearing. Error to the District Court of Conejos County, Hon. W. N. Searcy, Judge.
1Opinion of the CourtJustice Denison
This was a suit by defendants in error to enjoin the diversion of certain water on account of abandonment. The court found for plaintiffs that certain rights claimed by defendants in the Gomez, Jose Maria Valdez, T. K. Walsh, Lovett and Walsh ditches had been partially abandoned. Defendants come here on error. There was a cross bill alleging abandonment of certain rights claimed by plaintiffs in the Lowland and Overflow No. 1 ditches and on this point also the court found for plaintiffs and error is assigned thereon. There were other rights in question, but it is not necessary to notice them.
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2Cases cited3 opinions
- Bassick Min. Co. v. DavisSupreme Court of Colorado · 1887
- Chamberlin v. PeopleSupreme Court of Colorado · 1919
- Fornwald v. NelsonSupreme Court of Colorado · 1908
3Cited by3 opinions
- Bechmann v. TaylorSupreme Court of Colorado · 1926
- Merrill v. BarrSupreme Court of Colorado · 1923
- Thomas v. MahinSupreme Court of Colorado · 1924