Fort Lyon Canal Co. v. Chew
Supreme Court of Colorado
Error to the District Court of Otero County: Hon. JohnH. Voorhees, Judge. The plaintiff in error and the defendants in error were, respectively, plaintiff and defendants below.
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Error to the District Court of Otero County: Hon. JohnH. Voorhees, Judge. The plaintiff in error and the defendants in error were, respectively, plaintiff and defendants below. In bringing the action, plaintiff’s avowed object, in which defendants co-operated, and in the accomplishment of which the trial conrt concurred, was to obtain a construction of section 3 of an act of the twelfth general assembly in relation to irrigation, found at page 236, Session Laws 1899, which, reads: “It shall be lawful, however, for the owners of ditches and water rights, taking water from the same stream, to…
1Opinion of the CourtJustice Campbell
From the opinion of the trial court rendered upon the motion for judgment on the pleadings, which is brought up in the record, as well as from the briefs of counsel now on file, it would seem that all the parties, as well as the trial court, considered the case made as one necessarily requiring that section 3 be adjudged valid, or void, in its entirety; and that, if it was upheld as a valid act, the complaint was bad; if it was void, the complaint was good.
The court was of opinion that this section does not confer upon water-right owners any rights or privileges which they did not theretofore…
2Cases cited5 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Cache La Poudre Irrigating Co. v. Larimer & Weld Reservoir Co.Supreme Court of Colorado · 1898
- New Cache la Poudre Irrigation Co. v. Water Supply & Storage Co.Supreme Court of Colorado · 1902
- Slosser v. Salt River Valley Canal Co.Arizona Supreme Court · 1901
- King v. AckroydSupreme Court of Colorado · 1901
3Cited by39 opinions
- Farmers Highline Canal & Reservoir Co. v. City of GoldenSupreme Court of Colorado · 1954
- Weibert v. Rothe Bros., Inc.Supreme Court of Colorado · 1980
- Comstock v. RamsaySupreme Court of Colorado · 1913
- Washington State Sugar Co. v. GoodrichIdaho Supreme Court · 1915
- Quigley v. McIntoshMontana Supreme Court · 1939
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