New Loveland & Greeley Irrigation & Land Co. v. Consolidated Home Supply Ditch & Reservoir Co.

delivered tbe opinion of the court.

The plaintiff in error, who was plaintiff below, is the owner of a reservoir used for storing water in the “ nonirrigating ” season for subsequent use in irrigating its lands. The defendant in error, defendant below, is the owner of two reservoirs, used for a similar purpose. The dispute between them is as to which has the prior right for filling these receptacles. Their feeders are irrigating ditches, which take water from the Big Thompson river in Larimer county, in water district No. 4 of this state, to which severalty a priority of right was awarded by…