Lamson v. Vailes

This is an appeal from a portion of a decree of the district court of La Plata county rendered in a proceeding instituted under the irrigation statutes of 1879 and 1881 for the adjudication of the priorities to the use of water for irrigation in water district No. 33. The questions argued by counsel are, one of fact, and two, of law.

The question of fact is embraced within an assignment of error that a less quantity of water was awarded to the ditch of appellants than that to which the evidence entitled it; but, as will be seen later in the opinion, this is eliminated from the present…