Larimer & Weld Reservoir Co. v. Cache la Poudre Irrigating Co.
Colorado Court of Appeals
Error to the District Court of Weld County. A suit in equity brought by The Cache la Poudre Irrigating Company, defendant in error, against the plaintiff in error and The Cache la Poudre Irrigating Ditch Company, The Dry Creek Ditch Company, and The Larimer & Weld Irrigation Company, for the alleged illegal diversion and appropriation of water from the Cache la Poudre fiver, and seeking to restrain the defendants by an injunction.
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Error to the District Court of Weld County. A suit in equity brought by The Cache la Poudre Irrigating Company, defendant in error, against the plaintiff in error and The Cache la Poudre Irrigating Ditch Company, The Dry Creek Ditch Company, and The Larimer & Weld Irrigation Company, for the alleged illegal diversion and appropriation of water from the Cache la Poudre fiver, and seeking to restrain the defendants by an injunction. The pleadings are very lengthy, being over 40 pages of printed matter. For the present purposes it will be sufficient to give the synopsis or digest of them .only…
1Opinion of the CourtReed, P. J.
Taking up the questions of fact where the evidence was conflicting, I find that the allegation following, contained in the replication: “ (8) That at the same time defendant claims it became a consumer of water from said Dry Creek ditch, in 1891, by the alleged sale or transfer mentioned in said paragraph six of its answer, or in any manner or at any time, the water then and now so claimed by it is the excess and difference in part between the amount actually needed and used by the lawful consumers of water from said ditch for a beneficial use and purpose, and the amounts mentioned in said…
Also in this document: Concurrence.
2Cases cited7 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- Bliss v. KennedyIllinois Supreme Court · 1867
- Norris v. HillMichigan Supreme Court · 1849
- Meagher v. HardenbrookMontana Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.