Bruening v. Dorr
Supreme Court of Colorado
jError to the District Court of El Paso County. This is an action brought to restrain the unlawful diversion of certain water claimed by defendants in error by virtue of a prior appropriation.
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jError to the District Court of El Paso County. This is an action brought to restrain the unlawful diversion of certain water claimed by defendants in error by virtue of a prior appropriation. The complaint, inter alia, avers: “That plaintiffs are the owners and in possession of a certain water ditch in said county of El Paso and state of Colorado, generally known as the ‘ Robbins Ditch,’ that commences and heads in a natural stream or water course known as and called ‘ Cheyenne Slough; ’ * * * and was constructed about April 1st, 1868. * * * That said Cheyenne slough is formed from natural…
1Opinion of the CourtJustice Goddard
The principal questions of fact in issue, and upon which evidence was mainly introduced, were whether the source of the water in controversjr consisted of springs, or only a bog or swampy piece of ground, and whether there was a natural stream flowing therefrom into the creek or slough, or simply a seepage or percolation of water through the intervening soil; the contention of plaintiff in error being that if a spring is not fed by a visible stream of water flowing from beyond into it, but from water arising out of the earth, and is without an outlet through any definite channel, that such…
2Cases cited2 opinions
- Southern Pac. R.R. v. DufourCalifornia Supreme Court · 1892
- Strait v. BrownNevada Supreme Court · 1881
3Cited by9 opinions
- Comstock v. RamsaySupreme Court of Colorado · 1913
- In re German Ditch & Reservoir Co.Supreme Court of Colorado · 1913
- Public Utilities Commission v. Natatorium Co.Idaho Supreme Court · 1922
- Clark v. AshleySupreme Court of Colorado · 1905
- Bieser v. StoddardSupreme Court of Colorado · 1923
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