Trowell Land & Irrigation Co. v. Bijou Irrigation District

In a general adjudication of priority rights to water for ■irrigation purposes in Water District No. 1, in the District Court of Weld county, entered on the 1st day of November, 1895, the Fort Morgan Land and Reservoir Company, predecessor to the defendant in error, The Bijou Irrigation District, was awarded a decree for 125 cubic feet of water per second of time, as of priority date of October 1st, 1888. These waters were from the South Platte river.

The provision contained in the decree, material here, was as follows:

*204“Said ditch since its construction not having as yet been used to its full…