City of Boulder v. Boulder & White Rock Ditch & Reservoir Co.

The Boulder and White Rock Ditch & Reservoir Company, the plaintiff, is the owner of, and operates, an irrigating ditch which diverts water from Boulder Creek, near 12th street in the city of Boulder and carries this water through the city for about two-thirds of a mile and then passes out of its boundaries and on to lands of its seventy or eighty stockholders who utilize the water for irrigating their lands, and for domestic purposes. The ditch as originally constructed was through what was originally “Dry Creek” where the waters of Boulder Creek, or a branch thereof, at one time flowed. Dry…