Legal Opinion

Laguna Canal Co. v. Rocky Ford Ditch Co.

Supreme Court of Colorado

Decided January 15, 1908No. 4954Published

Appeal from the District Court of Bent County. Eon. Jesse G. Northcutt, Judge. Supplemental proceeding by petition of The Laguna Canal Coiiipany in an original statutory proceeding for the adjudication of water rights. The Rocky Ford Ditch Company filed a protest and answered, and from a decree adjudicating the priority of the canal company as of a certain date, the canal company appeals.

1Opinion of the CourtJustice Helm

The record in this case is voluminous and a number of interesting questions relating to water priorities are strenuously argued by counsel for both parties. It is unnecessary for us, however, to discuss or determine these questions, as the plea of res judicata interposed by appellee is, in our judgment, decisive against reversal.

From the supplemental transcript filed in this court by leave on December 4th, 1905, among other things, we learn that after the decree of April 7th, 1894, was entered, and before the present proceedings were begun in 1902, appellant instituted an intermediate…

2Cases cited4 opinions

  1. Farmers' Union Ditch Co. v. Rio Grande Canal Co.Supreme Court of Colorado · 1906
  2. Smith v. CowellSupreme Court of Colorado · 1907
  3. Schroers v. FiskSupreme Court of Colorado · 1887
  4. Randall v. Rocky Ford Ditch Co.Supreme Court of Colorado · 1902

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