Burkart v. Meiberg
Supreme Court of Colorado
Appeal from the District Court of Delta County. Hon. Theron Stevens, Judge. Action by Alvine Meiberg against J. M. Burkart and L. C. Burkart. From a decree in favor of plaintiff, defendants appeal.
1Opinion of the CourtJustice Campbell
The plaintiff and defendant own adjoining tracts of land, that of the plaintiff lying to the west of the *188defendants, the natural slope of which is in that direction. The defendants own valid water rights in several ditches which have their headgates in a natural stream, and with the water thus diverted they had for a number of years irrigated their tract of land in question. In the process of spreading water upon- it, some of it, by surface drainage, has passed across, and escaped therefrom, and reached the land owned by the plaintiff, and is there collected by her, and by means of an…
2Cases cited2 opinions
- La Jara Creamery & Live Stock Ass'n v. HansenSupreme Court of Colorado · 1905
- Fairplay Hydraulic Mining. Co. v. WestonSupreme Court of Colorado · 1901
3Cited by19 opinions
- Comstock v. RamsaySupreme Court of Colorado · 1913
- Garns v. RollinsUtah Supreme Court · 1912
- Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
- Smithfield West Bench Irr. Co. v. Union Central Life Ins.Utah Supreme Court · 1943
- Metropolitan Denver Sewage Disposal District No. 1 v. Farmers Reservoir & Irrigation Co.Supreme Court of Colorado · 1972
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