New Mercer Ditch Co. v. Armstrong
Supreme Court of Colorado
Appeal from the District Court of Larimer County. This action was to restrain 'the water commissioner of water district No. 3, in division No. 1, from interfering with the-flow of water into the headgate of plaintiff’s ditch.
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Appeal from the District Court of Larimer County. This action was to restrain 'the water commissioner of water district No. 3, in division No. 1, from interfering with the-flow of water into the headgate of plaintiff’s ditch. The complaint alleges that the plaintiff is the owner by purchase of priorities Nos. 1 and 8 to the use of water out of the Cache la Poudre river, the first of which entitles it to 24.81, and the latter to 8.7 cubic feet of water per second of time, both of which priorities were duly decreed to its grantor, Joshua Yaeger, in April, 1882, by the district court of Larimer…
1Opinion of the CourtJustice Campbell
The controversy can best be presented by giving a brief statement of the contentions of the respective parties. The appellant asserts that the decree of the court awarding these priorities in 1882 is an absolute verity, and cannot be questioned in the manner attempted by the appellee; that the two years have elapsed since the date of the decree, within which time, upon a proper showing, it might be reviewed, as provided in the irrigation act, as have also the four years therein limited as the time within which priorities to the use of water might be established by appropriate actions existing…
2Cases cited9 opinions
- Atchison v. PetersonSupreme Court of the United States · 1874
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Sieber v. FrinkSupreme Court of Colorado · 1883
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- Davis v. GaleCalifornia Supreme Court · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Farmers Highline Canal & Reservoir Co. v. City of GoldenSupreme Court of Colorado · 1954
- Santa Fe Trail Ranches Property Owners Ass'n v. SimpsonSupreme Court of Colorado · 1999
- Farmers Canal Co. v. FrankNebraska Supreme Court · 1904
- Elk-Rifle Water Company v. TempletonSupreme Court of Colorado · 1971
- Farmers' Union Ditch Co. v. Rio Grande Canal Co.Supreme Court of Colorado · 1906
37 more not listed; retrieve them via the Exa API.