Animas Consolidated Ditch Co. v. Smallwood

Presiding Judge Scott

delivered the opinion of the court.

The complaint of the plaintiff in this case, filed in the district court of La Plata county on the 6th day of January, 1908, alleged in substance that their grantor, William Enabling, was on the 12th day of March, 1900, and prior thereto, the owner in fee of a tract of land situated in sec. 36, twp. 37 n., r. 9 w., together with a water right of four cubic feet of water belonging thereto, and a ditch and right-of-way for said ditch to convey said water from the Animas river, from which said water was taken, to and on the said lands for…