Platte Water Co. v. Northern Colorado Irrigation Co.
Supreme Court of Colorado
Appeal from District Court of Douglas County. In February, 1860, the governor and legislative assembly of Kansas territory passed an act constituting certain persons and their legal associates a body corporate and politic, under the name of “The Capitol Hydraulic Company,” with power, inter alia, to sue and be sued, to have perpetual succession, etc.
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Appeal from District Court of Douglas County. In February, 1860, the governor and legislative assembly of Kansas territory passed an act constituting certain persons and their legal associates a body corporate and politic, under the name of “The Capitol Hydraulic Company,” with power, inter alia, to sue and be sued, to have perpetual succession, etc. One section of the act was as follows: ‘ ‘.Sec. 2. Said company shall have the power and exclusive right to direct the water from the bed of the South Platte river at any point, they may select between the Platte cañón and the mouth of Cherry…
1Opinion of the CourtJustice Elliott
The irrigation acts of 1819 and 1881 were intended as a system of procedure for determining the priority of rights to the use of water for irrigation between the owners of ditches, canals and reservoirs taking water from the same natural stream. The proceedings under said acts are purely statutory, and cannot be resorted to for the purpose of determining the claims of parties to the use of water for domestic or other purposes not fairly included within the meaning of the term “irrigation.”
The word irrigation, in its primary sense, is defined “a sprinkling, or watering;” yet, according to the…
2Cases cited9 opinions
- Broder v. Water Co.Supreme Court of the United States · 1879
- Sieber v. FrinkSupreme Court of Colorado · 1883
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Larimer County Reservoir Co. v. People ex rel. LutheSupreme Court of Colorado · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dallas Creek Water Co. v. HueySupreme Court of Colorado · 1997
- Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
- Snyder v. Colorado Gold Dredging Co.Court of Appeals for the Eighth Circuit · 1910
- Greer v. HeiserSupreme Court of Colorado · 1891
- South Adams County Water & Sanitation District v. Broe Land Co.Supreme Court of Colorado · 1991
9 more not listed; retrieve them via the Exa API.