Wadsworth Ditch Co. v. Brown
Supreme Court of Colorado
Appeal from the District Coiirt of the City and County of Denver. Hon. Booth M. Malone, Judge. Action by H. it. Brown against The Wadsworth Ditch Company, The Rocky Mountain Water Company, The Agricultural Ditch Company, and The Golden, Ralston Creek and Church Ditch Company. From a decree for plaintiff, defendants appeal.
1Opinion of the CourtJustice Campbell
This is a special proceeding under the statute (Session Laws 1903, p. 278), in which the petitioner applies to have changed the point of diversion of his right to use water from a natural stream of the state for irrigation. From a decree giving the relief asked, certain of the respondents have appealed.
The remedy provided by a similar act has been held to be exclusive.— Irrigation Co. v. Water S. & S. Co., 29 Colo. 469. The statute substantially provides that any person desiring to make such change shall file a petition in the proper court, and give to all persons who may be affected thereby…
2Cases cited4 opinions
- 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
- Hallet v. CarpenterSupreme Court of Colorado · 1906
- City of Telluride v. DavisSupreme Court of Colorado · 1905
3Cited by29 opinions
- Brighton Ditch Co. v. City of EnglewoodSupreme Court of Colorado · 1951
- Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
- Jacobucci v. District CourtSupreme Court of Colorado · 1975
- Water Rights of Central Colorado Water Conservancy District v. City of Greeley ex rel. Water & Sewer BoardSupreme Court of Colorado · 2006
- Fort Lyon Canal Co. v. Catlin Canal Co.Supreme Court of Colorado · 1982
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