Campbell v. Kelsall

TURSI, Judge.

Defendants, Samuel Kelsall, III and Samuel Kelsall, IV, appeal from a judgment of the district court in favor of the plaintiffs, Ben Nighthorse Campbell and Linda A. Campbell, in an action for damages to an irrigation ditch which carried water to the plaintiffs’ property. We affirm.

Plaintiffs and defendants are owners of adjacent properties in La Plata County. Defendant Samuel Kelsall, III owns the property which he, in turn, leases to his son Samuel Kelsall, IV. This property is traversed by two main ditches and a lateral ditch which benefit the Campbell property to the south.…