Eaton v. Larimer & Weld Irrigation Co.

*17According to the averments of the complaint, the defendant in error company Is the owner and in control of a ditch in which there are three classes of water rights. * The plaintiff owned the third class, which is only entitled to the use of water remaining after the first and second class rights are satisfied. It also' appears that the stock of the company was issued to the owners and holders of the second class rights under contracts now in full force and effect, which provide, inter alia, that each right should only he used upon specified lands for irrigation, and that when rights were sold…