Petterson v. Payne
Supreme Court of Colorado
Appeal from, the District Court of Delta County. Hon. Theron Stevens, Judge. Action by Martlia J. Petterson against M. H. Payne, as water commissioner in District No. 40, and The Alfalfa Ditch Company, a corporation. Prom a judgment for defendants, plaintiff appeals.
1Opinion of the CourtJustice Campbell
Surface creek and Milk creek are natural streams in Delta county, the latter being a tributary of the former. The Alfalfa ditch, having its head-gate in Surface creek about four miles below the mouth of Milk creek, has the first priority to take water for irrigation therefrom. In the latter part of thé irrigating season the combined waters of the principal and tributary streams are insufficient to supply that priority. The natural flow of Milk creek then becomes so far reduced that there is no surface flow in its channel where it empties into Surface creek and for some distance above, but…
2Cases cited2 opinions
- Platte Valley Irrigation Co. v. Buckers Irrigation, Milling & Improvement Co.Supreme Court of Colorado · 1898
- Medano Ditch Co. v. AdamsSupreme Court of Colorado · 1902
3Cited by4 opinions
- Jackson v. CowanIdaho Supreme Court · 1921
- Greeley & Loveland Irrigation Co. v. Farmers Pawnee Ditch Co.Supreme Court of Colorado · 1915
- John Phillip Zannaras, J. P. Robinson, Jr., and U.S. Tungsten Corporation v. Bagdad Copper Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1958
- Lee v. GunbySupreme Court of Colorado · 1918