Legal Opinion

Merrick v. Fort Lyon Canal Co.

Supreme Court of Colorado

Decided January 12, 1981No. 79SA242PublishedCited by 10 opinions

1Opinion of the Court

ROVIRA, Justice.

This is an appeal by Francis Merrick (Merrick) from a ruling of the Water Court denying his application for approval of a plan for augmentation by using a well as an alternate point of diversion. We affirm.

Merrick is the owner of 7.396 acres of land located near La Junta, Colorado. Appurtenant to his land is 7/40 c. f. s. or .175 c. f. s. of water delivered by The Fort Lyon Canal Company (Ft. Lyon) pursuant to an 1884 agreement and an 1890 water deed between his predecessor in interest, Abraham Armentrout, and the predecessor in interest of Ft. Lyon, Arkansas River Land,…

2Cases cited5 opinions

  1. Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
  2. Green v. Chaffee Ditch CompanySupreme Court of Colorado · 1962
  3. In Re Water Rights of Fort Lyon Canal Co.Supreme Court of Colorado · 1974
  4. Wright v. Platte Valley Irrigation Co.Supreme Court of Colorado · 1900
  5. La Junta & Lamar Canal Co. v. HessColorado Court of Appeals · 1895

3Cited by10 opinions

  1. City of Thornton v. Bijou Irrigation Co.Supreme Court of Colorado · 1996
  2. East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
  3. Concerning the Application for Water Rights of the Town of Estes Park v. Northern Colorado Water Conservancy DistrictSupreme Court of Colorado · 1984
  4. Board of the County Commissioners v. Crystal Creek Homeowners' Ass'nSupreme Court of Colorado · 2000
  5. Fort Lyon Canal Co. v. Catlin Canal Co.Supreme Court of Colorado · 1982

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