Fort Morgan Reservoir & Irrigation Co. v. McCune
Supreme Court of Colorado
Action involving the claim of a reservoir company to the right to recapture and apply water seeping from its reservoir. Decree upholding the claim. Error to the District Court of Weld County, Hon. Robert G. Strong, Judge.
1Opinion of the CourtJustice Teller
*257The plaintiffs in error were plaintiffs below in a suit to enjoin A. A. Weiland, as state engineer, and other water officials named, from enforcing an order of the state engineer allowing The Prewitt Reservoir and Land Company to use certain seepage and underflow waters alleged to be tributary to the South Platte River, which said use was alleged to be contrary to the decrees of appropriation, and injurious to the plaintiffs’ priorities. The present state engineer was made a party on succeeding to the office. The court found in favor of the defendants, dismissed the complaint, and directed…
2Cases cited5 opinions
- Comstock v. RamsaySupreme Court of Colorado · 1913
- Trowell Land & Irrigation Co. v. Bijou Irrigation DistrictSupreme Court of Colorado · 1918
- Rio Grande Reservoir & Ditch Co. v. Wagon Wheel Gap Improvement Co.Supreme Court of Colorado · 1920
- Durkee Ditch Co. v. MeansSupreme Court of Colorado · 1917
- McKelvey v. North Sterling Irrigating DistrictSupreme Court of Colorado · 1919
3Cited by9 opinions
- Nevius v. SmithSupreme Court of Colorado · 1928
- United States v. TilleyCourt of Appeals for the Eighth Circuit · 1941
- Bijou Irrigation District v. Empire ClubSupreme Court of Colorado · 1991
- Lamont v. Riverside Irrigation DistrictSupreme Court of Colorado · 1972
- Public Service Company of Colorado v. Federal Energy Regulatory Commission, Colorado River Water Conservation District v. Federal Energy Regulatory Commission, Public Service Company of Colorado v. Federal Energy Regulatory CommissionCourt of Appeals for the Tenth Circuit · 1985
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