Schluter v. Burlington Ditch, Reservoir & Land Co.

This action was brought by plaintiffs Schluter to quiet title to seep water rising in the Burlington ditch, and to enjoin interference with the use thereof. Defendant company, the owner of the Burlington ditch, is a mutual irrigation company. The ditch extends northerly from its headgate on the South Platte river, from which it has a decreed water right. Near its north and lower end, the ditch runs for some distance near the westerly end of Barr Lake and a 'channel extends approximately at right angles from the ditch easterly 1870 feet to the lake. This channel, which is referred to in the…