O'Neil v. Fort Lyon Canal Co.
Supreme Court of Colorado
Appeal from the District Court of Bent County. Hon. Jesse G. Northcutt, Judge. Action by John B. O’Neil, Martin O’Neil and William O’Neil, co-partners doing business as O’Neil Brothers, and George Purvis against The Fort Lyon Canal Company, a corporation, Frank Kreyball and John C. Davidson, and other -users of water and water rights from the Fort Lyon canal east of Horse creek, who are similarly situated as to the use of water from the Fort Lyon canal.
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Appeal from the District Court of Bent County. Hon. Jesse G. Northcutt, Judge. Action by John B. O’Neil, Martin O’Neil and William O’Neil, co-partners doing business as O’Neil Brothers, and George Purvis against The Fort Lyon Canal Company, a corporation, Frank Kreyball and John C. Davidson, and other -users of water and water rights from the Fort Lyon canal east of Horse creek, who are similarly situated as to the use of water from the Fort Lyon canal. From a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtJustice Caswell
During the years 1884 to 1886, both inclusive, a corporation known as The Arkansas Biver Land, *490Town & Canal Company constructed an irrigating canal from the headgate thereof, which is situate in Otero county on the Arkansas river (from which the canal is supplied), to Horse creek, a distance of about thirteen miles. The headgate of said canal was about 60 ft. in width, but the canal as constructed between the points mentioned was about 12 ft. in width on the bottom, and its capacity was 164.64 cubic ft. of water per second of time-, being sufficient to irrigate about 12,000 acres of land…
2Cases cited12 opinions
- Farmers Independent Ditch Co. v. Agricultural Ditch Co.Supreme Court of Colorado · 1896
- Little Pittsburg Con. Min. Co. v. Little Chief Con. Min. Co.Supreme Court of Colorado · 1888
- Supply Ditch Co. v. ElliottSupreme Court of Colorado · 1887
- Montrose Canal Co. v. Loutsenhizer Ditch Co.Supreme Court of Colorado · 1896
- Oppenlander v. Left Hand Ditch Co.Supreme Court of Colorado · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rollins v. FearnleySupreme Court of Colorado · 1909
- State v. Laramie Rivers Co.Wyoming Supreme Court · 1943
- Park v. ParkSupreme Court of Colorado · 1909
- Pioneer Irr. Co. v. Board of Comr'sDistrict Court, D. Colorado · 1916
- Scott v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1934
3 more not listed; retrieve them via the Exa API.