Legal Opinion

Hallet v. Carpenter

Supreme Court of Colorado

Decided April 15, 1906No. 4749PublishedCited by 16 opinions

Appeal from the District Court of Costilla County. Hon. Chas. C. Holbrook, Judge. . . On Rehearing. Proceeding by Gfeorge A. Carpenter, Christian Keck and Jobn Beiger for a decree authorizing the transfer of a portion of the appropriation or water belonging to a certain, ditch. Prom such decree, Moses Hallet appeals.

1Opinion of the CourtJustice Bailey

In this proceeding the district court of Costilla county made a decree authorizing the transfer of a *32portion, of the appropriation of water belonging to the Independent Ditch No. 2. This ditch was a mutual one owned in common by nine farmers, each owning one-ninth of the water. Three of the owners sold to appellees three and one-third cubic feet, to be deducted from their share, and it was this water which the trial court ordered transferred into the Meadow Glen ditch.

Appellant contends that the court erred in rendering the decree, for several reasons :

First. That the right to change the…

2Cases cited2 opinions

  1. Putnam v. CurtisColorado Court of Appeals · 1896
  2. City of Telluride v. DavisSupreme Court of Colorado · 1905

3Cited by16 opinions

  1. Brighton Ditch Co. v. City of EnglewoodSupreme Court of Colorado · 1951
  2. Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
  3. Wadsworth Ditch Co. v. BrownSupreme Court of Colorado · 1907
  4. In Re Applications of RiceIdaho Supreme Court · 1931
  5. Park v. ParkSupreme Court of Colorado · 1909

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