Schilling v. Rominger
Supreme Court of Colorado
Appeal from District Court of Saguache County. The complainant’s bill states in substance : That complainant on the 26th of June, 1874, settled upon the west half of north-west quarter, the south-east quarter of north-west quarter and the south-west quarter of north-east quarter of section twenty-one, township forty-five, north, range 10, east New Mexican Meridian, as a homestead and that he has continued to reside thereupon.
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Appeal from District Court of Saguache County. The complainant’s bill states in substance : That complainant on the 26th of June, 1874, settled upon the west half of north-west quarter, the south-east quarter of north-west quarter and the south-west quarter of north-east quarter of section twenty-one, township forty-five, north, range 10, east New Mexican Meridian, as a homestead and that he has continued to reside thereupon. That theretofore on the 29th of April, 1874, the defendant Schilling settled upon the west half of south-east quarter and the east half-of south-west quarter of section…
1Opinion of the CourtStone, J.
That the first appropriator of the water of a natural stream has a prior right to such water, to the extent of his appropriation, is a doctrine that we must hold applicable, in all cases, respecting the diversion of water for the purpose of irrigation. Hence, the prior appropriation of the water of Major creek by Schilling, by the construction of the ditch for the irrigation of his land, secured to him a prior right to the use of such water to the extent of such appropriation. But when under a subsequent agreement, with Rominger; the appellee, a new acequia was constructed by Schilling,…
2Cases cited4 opinions
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Burr v. . the Broadway Insurance CompanyNew York Court of Appeals · 1857
- Gordon v. ClarkCalifornia Supreme Court · 1863
- Mosselman v. CaenNew York Supreme Court · 1861
3Cited by38 opinions
- Wyoming v. ColoradoSupreme Court of the United States · 1922
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
- United States v. City & County of Denver Ex Rel. Board of Water CommissionersSupreme Court of Colorado · 1982
- Nash v. ClarkUtah Supreme Court · 1904
- Clough v. WingArizona Supreme Court · 1888
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