Junction Creek & North Durango Domestic & Irrigating Ditch Co. v. City of Durango
Supreme Court of Colorado
Error to the District Court of La Plata County. This is a proceeding instituted by the city of Durango to enforce the right to enlarge and jointly use a ditch belonging to The Junction Creek and North Durango Domestic and Irrigating Ditch Company.
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Error to the District Court of La Plata County. This is a proceeding instituted by the city of Durango to enforce the right to enlarge and jointly use a ditch belonging to The Junction Creek and North Durango Domestic and Irrigating Ditch Company. The city predicates its right to the relief sought upon an act of the general assembly, approved February 12,1881 (Session Laws, p. 164; Gen. Stats. 1883, sec. 1716), which provides: “(1) That no tract or parcel of improved or occupied land in this state, shall, without the written consent of the owner thereof, be subjected to the burden of two or…
1Opinion of the CourtJustice Goddard
The record is somewhat voluminous, and numerous errors are assigned, but the foregoing statement is sufficient to present the most important, and, as we think, the decisive question in the case, and that is: Can the city, by virtue of the *196statute above quoted, acquire the right to enlarge and use the ditch in question for the purpose of supplying its citizens with water for irrigation and domestic use ? We think this must be answered in the negative. The ditches subject to enlargement and joint use under the statute are strictly private ditches, and such as are used to convey water across the…
2Cases cited1 opinion
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
3Cited by3 opinions
- Pacific Telephone Etc. Co. v. EshlemanCalifornia Supreme Court · 1913
- Florida Power & Light Co. v. State Ex Rel. MalcolmSupreme Court of Florida · 1932
- Broadmoor Land Co. v. CurrCourt of Appeals for the Eighth Circuit · 1904