Crippen v. X. Y. Irrigating Ditch Co.
Supreme Court of Colorado
Appeal from the District Court of Bent County. Action to set aside a decree and enjoin its enforcement. Onr general assembly has furnished a comprehensive system for regulating the use of water for irrigation and established a procedure for settling the priority of rights to the use of water therefor.
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Appeal from the District Court of Bent County. Action to set aside a decree and enjoin its enforcement. Onr general assembly has furnished a comprehensive system for regulating the use of water for irrigation and established a procedure for settling the priority of rights to the use of water therefor. Session Laws 1879, 94; Session Laws 1881, 142. The X. Y. Irrigating Ditch Company, appellee here, proceeding under these acts by its petition filed in the district court of Bent county in the year 1893, set in motion the judicial machinery for adjudicating the relative priorities of all ditches…
1Opinion of the CourtJustice Campbell
By here summarizing- the respective contentions of the parties, the questions for decision will be clearly presented at the outset.
1. The first‘position of plaintiff is that the statutory decree of 1895 is binding on the owners of the Sisson Ditch, and cannot be legally reviewed or over*453turned by them after the lapse of two years from its entry; second, that the 1897 decree is void and may be canceled, and its enforcement enjoined by the plaintiff, because its execution would injuriously affect plaintiff’s vested rights. The defendants take the opposite view and further say that under the…
2Cases cited11 opinions
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1888
- Wilson v. HawthorneSupreme Court of Colorado · 1890
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- Dubois v. ClarkColorado Court of Appeals · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- National Farmers Union Property & Casualty Co. v. FrackeltonSupreme Court of Colorado · 1983
- Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
- Stubbs v. McGillisSupreme Court of Colorado · 1908
- Fort Lyon Canal Co. v. Arkansas Valley Sugar Beet & Irrigated Land Co.Supreme Court of Colorado · 1907
- Davis v. DavisSupreme Court of Colorado · 1921
9 more not listed; retrieve them via the Exa API.