Baldridge v. Leon Lake Ditch & Reservoir Co.

In 1889 Mason M. Colby settled upon and improved an agricultural claim under the pre-emption laws of the United States, upon what was then unsurveyed public land in Mesa county, this state. This claim included the lower end and outlet of Leon Lake, and about 2,500 feet of the shore line of the lake.

Colby continued in possession of this claim, improving it until patent issued therefor to him, Jan- ' uary 15, 1897.

In 1893 appellants, plaintiffs below, or some one or more of them, surveyed Leon lake as a reservoir site, intending to use the water to be stored therein for the irrigation of their…