Upper Harmony Ditch Co. v. Carwin

This case involves the question of whether the plaintiff ditch company has retained its rights to an easement for a ditch through the defendants’ property, which rights were acquired by the ditch company in 1908. The water division of the district court held that it had retained them. We affirm.

The ditch involved was constructed in 1897 by two persons well-known to students of early Colorado development, C. D. McPhee and J. K. Mullen. McPhee and Mullen owned substantial quantities of Northeastern Colorado land and, in its development, constructed canals and ditches for its irrigation by…