Medano Ditch Co. v. Adams
Supreme Court of Colorado
Appeal from and Error to the District Cottrt oj Saguache County. Appellee and defendant in error commenced separate actions below for the purpose of obtaining a decree enjoining appellant and plaintiffs in error from diverting water from Medaño creek.
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Appeal from and Error to the District Cottrt oj Saguache County. Appellee and defendant in error commenced separate actions below for the purpose of obtaining a decree enjoining appellant and plaintiffs in error from diverting water from Medaño creek. Plaintiff in each case was the same party, and claimed to be the owner of appropriations of water for the purposes of irrigation from Big and Little Spring creeks, which antedated any appropriation on the part of the defendants from Medaño creek; that the latter was the source of supply of Big and Little Spring creeks, and by the diversion on…
1Opinion of the CourtJustice Gabbert
The first proposition advanced by counsel for defendants is, that the testimony does not establish an appropriation by plaintiff of the waters of Big and Little Spring creeks which antedates the diversion of the waters of Medaño creek by them. If the rights of plaintiff in this respect depended solely upon testimony to establish an actual application of the waters of Big and Little Spring creeks for the purposes of irrigation, this proposition might have some force. Such, however, is not the case. In each of his complaints plaintiff claimed an appropriation of the waters of these streams…
2Cases cited4 opinions
- Platte Valley Irrigation Co. v. Buckers Irrigation, Milling & Improvement Co.Supreme Court of Colorado · 1898
- Colorado Fuel & Iron Co. v. PryorSupreme Court of Colorado · 1898
- McClellan v. HurdleColorado Court of Appeals · 1893
- Strait v. BrownNevada Supreme Court · 1881
3Cited by20 opinions
- State v. Southwestern Colorado Water Conservation DistrictSupreme Court of Colorado · 1983
- Faden v. HubbellSupreme Court of Colorado · 1933
- Buckers Irrigation, Milling & Improvement Co. v. Farmers' Independent Ditch Co.Supreme Court of Colorado · 1903
- White v. NuckollsSupreme Court of Colorado · 1910
- Olney Springs Drainage District v. AucklandSupreme Court of Colorado · 1928
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