Fairplay Hydraulic Mining. Co. v. Weston
Supreme Court of Colorado
Appeal from the District Court of Park County. The action prosecuted by appellee, as plaintiff, was to enjoin appellant as defendant, from so polluting the water of Beaver Creek, claimed by plaintiff for the purposes of irrigation, as to render it unfit for that use, or thereby injure the ditch through which such water was conducted.
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Appeal from the District Court of Park County. The action prosecuted by appellee, as plaintiff, was to enjoin appellant as defendant, from so polluting the water of Beaver Creek, claimed by plaintiff for the purposes of irrigation, as to render it unfit for that use, or thereby injure the ditch through which such water was conducted. Plaintiff obtained a judgment requiring the defendant to permit the water claimed by him to pass to the headgate of this ditch in good and suitable condition for irrigation purposes, and enjoining it from doing or permitting any act to the contrary which would…
1Opinion of the CourtJustice Gabbert
Defendant is the owner of an appropriation of the waters of Beaver creek for placer mining purposes, which antidates the initiation of any rights to which plaintiff has succeeded to the use of water from that source. In 1882 the party through whom plaintiff dei'ives title to the appropriation under which he claims, entered upon the placer ground of the grantors of appellant on which the waters of the stream were then being used for placer mining purposes, and without the knowledge or consent of the then owners of such ground, constructed a ditch which diverted water after it passed through…
2Cases cited2 opinions
- Brown v. . BowenNew York Court of Appeals · 1864
- Redigan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
3Cited by8 opinions
- Hagerman Irr. Co. v. East Grand Plains Drainage Dist.New Mexico Supreme Court · 1920
- Burkart v. MeibergSupreme Court of Colorado · 1906
- Smithfield West Bench Irr. Co. v. Union Central Life Ins.Utah Supreme Court · 1943
- Metropolitan Denver Sewage Disposal District No. 1 v. Farmers Reservoir & Irrigation Co.Supreme Court of Colorado · 1972
- Green Valley Ditch Co. v. SchneiderSupreme Court of Colorado · 1911
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