Denver-Greeley Valley Water Users Ass'n v. McNeil

BRATTON, Circuit Judge (dissenting).

With much said in the excellent opinion of the majority I agree, but not all of it. The judgment in the first case expressly provided that it should be enforced in accordance with the law of Colorado relating to irrigation districts which meant that it could be collected only out of funds accruing from special assessments against the land within the district. Privity existed between the irrigation district and its taxpayers, and therefore the judgment became binding upon all owners of land within the district subject to special assessment for the payment of…