Tubbs v. Roberts
Supreme Court of Colorado
Appeal from the District Court of Siimmit County. Eon. Frank W. 0%vers, Judge. Action by Avery B. Tnbbs against D. T. Roberts. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtJustice Goddard
Hpon a careful examination of the record, we are unable to find any evidence to support the decree rendered. The defendant acquired no right, by conveyance or otherwise, to the Davis ditch, or to any right acquired by Davis by his appropriation and the use of water through and by means of such ditch. He did not make, or attempt to make, any appropriation of water from the natural stream. *505Whatever right, therefore, he may have to the use of the water is measured by the amount or quantity he diverted from the Davis ditch through the laterals he described, and applied to beneficial uses before…
2Cases cited8 opinions
- Hall v. LinnSupreme Court of Colorado · 1885
- Quimby v. BoydSupreme Court of Colorado · 1884
- Burnell v. WachtelColorado Court of Appeals · 1894
- Jerome v. BohmSupreme Court of Colorado · 1895
- Northern Colorado Irrigation Co. v. RichardsSupreme Court of Colorado · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Atencio v. RICHFIELD CANAL COMPANYSupreme Court of Colorado · 1972