Northern Colorado Irrigation Co. v. Pouppirt

This is an action of mandamus to compel defendant to carry in its canal and deliver to plaintiffs water for irrigating their agricultural lands. To the judgment awarding the peremptory writ defendant prosecutes error. As the application was on notice, the alternative writ of mandamus was not granted, and upon final hearing the peremptory writ issued in *491the first instance. The petition for the writ alleges, in substance, that plaintiffs are owners of agricultural lands which lie under defendant’s canal, and sets up facts which plaintiffs say constitute them appropriated of water from the…