Fort Morgan Reservoir & Irrigation Co. v. McCune
Supreme Court of Colorado
Action involving the claim of a reservoir company to the right to recapture and apply water seeping from its reservoir. Decree upholding the claim. Error to the District Court of Weld County, Hon. Robert G. Strong, Judge.
1DissentJustice Burke
I regret my inability to concur with the majority. It seems to me that the conclusion reached by the court leaves the law on the main question at issue in such an unsettled condition in this jurisdiction as to make imperative a statement of the reasons for this dissent.
The principal question here presented is the right to the use for irrigation of waters escaping from the Prewitt Reservoir, an irrigation storage project. The issues are thus clearly stated in the opening brief.
“Two principal issues were presented for the final determination of the court, to-wit (a) The validity of the order of…
2Cases cited8 opinions
- Comstock v. RamsaySupreme Court of Colorado · 1913
- In re German Ditch & Reservoir Co.Supreme Court of Colorado · 1913
- Buckers Irrigation, Milling & Improvement Co. v. Farmers' Independent Ditch Co.Supreme Court of Colorado · 1903
- Trowell Land & Irrigation Co. v. Bijou Irrigation DistrictSupreme Court of Colorado · 1918
- Rio Grande Reservoir & Ditch Co. v. Wagon Wheel Gap Improvement Co.Supreme Court of Colorado · 1920
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