Smith Canal or Ditch Co. v. Colorado Ice & Storage Co.

In order to carry to its ice plant water from springs situate on defendant Baker’s land, the defendant ice company, under an agreement with its codefendant, dug a trench and therein laid a pipe which traversed the lands between the springs and the ice plant, including a strip 40' feet wide which plaintiff had theretofore acquired as a right of way for its canal. To this the plaintiff canal company objected, claiming as its own exclusive property the water of the springs by appropriation, and from long continued use, and the strip of land in fee resulting from a condemnation thereof for ditch…