Legal Opinion

Hotter v. Kimsey

Supreme Court of Colorado

Decided September 15, 1916No. 8593Published

Error to La Plata District Court. Hon. William N. Searcy, Judge.

1Opinion of the CourtJustice Hill

This is a supplemental proceeding for the adjudication of water rights, in which the' plaintiff in error contends, that his ditch, known as The Hay Gulch Waste Water Ditch, awarded Priority No. 6 on Hay Gulch as *327of date May 1, 1900, etc., should have its award dated as of May, 1897, and of an earlier date than the Naranjo Ditch, awarded Priority No. 4 as of date June 10, 1900, and the White, Roux and Owen Ditch, awarded Priority No. 5 as of date October the 5th, 1899.

The contention is that The Hay Gulch Waste Water Ditch’s priority should antedate those of the others, and that in this…

2Cases cited3 opinions

  1. Cooper v. ShannonSupreme Court of Colorado · 1906
  2. Daum v. ConleySupreme Court of Colorado · 1899
  3. Sponsel v. SchaefferSupreme Court of Colorado · 1916

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