Vogel v. Minnesota Canal & Reservoir Co.
Supreme Court of Colorado
Appeal from Delta District Court — Hon. Theron Stevens, Judge. This is a proceeding by Peter Vogel, and others like situated, for an order changing the point of diversion up the stream, of certain priorities to the use of water for irrigation drawn from Minnesota creek, awarded to the Clark & Wade ditch, a portion thereof to the Turner ditch, and the balance to the Beaver Dam ditch, the former located a distance of about four miles above the original headgate of the Clark &…
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Appeal from Delta District Court — Hon. Theron Stevens, Judge. This is a proceeding by Peter Vogel, and others like situated, for an order changing the point of diversion up the stream, of certain priorities to the use of water for irrigation drawn from Minnesota creek, awarded to the Clark & Wade ditch, a portion thereof to the Turner ditch, and the balance to the Beaver Dam ditch, the former located a distance of about four miles above the original headgate of the Clark & Wade ditch, and the latter about seven miles. The owners of the Sweezy & Turner ditch, the Clough & Turner ditches Nos.…
1Opinion of the CourtJustice Bailey
delivered the -opinion of the court:
That the right, in an owner of a water priority for irrigation, to change the point of diversion is not absolute is well settled. It is a qualified right, and its exercise is conditional upon the fact that such change will not injuriously affect the vested rights of others. Such has been the uniform holding of this court through an unbroken line of decisions, beginning with Fuller v. Swan River Co., reported in 12 Colo, at page 12, and Strickler v. Colorado Springs, reported in 16 Colo, at page 61, down to the present *538time. While it is true that the right…
2Cases cited5 opinions
- New Cache la Poudre Irrigation Co. v. Water Supply & Storage Co.Supreme Court of Colorado · 1902
- Bates v. HallSupreme Court of Colorado · 1908
- Handy Ditch Co. v. Louden Irrigating Canal Co.Supreme Court of Colorado · 1900
- The Baer Bros. Land & Cattle Co. v. WilsonSupreme Court of Colorado · 1906
- In re Disbarment of WalkeySupreme Court of Colorado · 1899
3Cited by36 opinions
- Farmers Highline Canal & Reservoir Co. v. City of GoldenSupreme Court of Colorado · 1954
- Comstock v. RamsaySupreme Court of Colorado · 1913
- Washington State Sugar Co. v. GoodrichIdaho Supreme Court · 1915
- Worley v. United States Borax and Chemical Corp.New Mexico Supreme Court · 1967
- New Cache la Poudre Irrigating Co. v. Water Supply & Storage Co.Supreme Court of Colorado · 1910
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