Felger v. Walcher
Supreme Court of Colorado
Action to restrain the use of a storage reservoir. Judgment for defendants. Error to the District Court of Jefferson County, Hon. Samuel W. Johnson, Judge.
1Opinion of the CourtJustice Denison
Felger brought suit to enjoin the Walchers from using his reservoir except to draw through it 3.43 inches of water. He was defeated and brings error. No brief appears for defendants in error.
One Rogers owned eighty acres, and in 1904 he conveyed eleven acres in the northeast corner thereof, all of which, with a water right of 3.43 inches out of the Church ditch “and the necessary right of way for said water over and through” said eighty, passed by mesne conveyances to Walcher. In 1916 Felger acquired the remainder of the eighty acres from Stella R. Rogers. At the time his deed was made Rogers…
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