Strickler v. City of Colorado Springs
Supreme Court of Colorado
Error to District Court of El Paso County. This is an agreed case, submitted for decision without suit under chapter 24 of the code.
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Error to District Court of El Paso County. This is an agreed case, submitted for decision without suit under chapter 24 of the code. The section permitting the submission reads as follows: “ Parties to a question in difference which might be the subject of a civil action may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any court which would have jurisdiction if an action had been brought, but it must appear by affidavit that the controversy is real and the proceedings in good faith to determine the rights…
1Opinion of the CourtJustice Hayt
The points upon which a decision is asked as given upon the oral argument may be stated as follows:
1. Are the rights of a junior appropriator of water from a tributary stream subject to the rights of a prior appropriator from the main stream below?
2. Can the priority of a farmer to the use of water for agricultural purposes be transferred by sale to a city for city purposes so that it may succeed to the rights of the original appropriator?
3. To the extent the use made by the city is purely for *67. domestic purposes, has it the right, without compensation, to take waters theretofore appropriated…
2Cases cited3 opinions
- Blackwell v. FostersCourt of Appeals of Kentucky · 1858
- Kidd v. LairdCalifornia Supreme Court · 1860
- Fuller v. Swan River Placer Min. Co.Supreme Court of Colorado · 1888
3Cited by95 opinions
- Wyoming v. ColoradoSupreme Court of the United States · 1922
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Santa Fe Trail Ranches Property Owners Ass'n v. SimpsonSupreme Court of Colorado · 1999
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