Sterling Irrigation Co. v. Downer
Supreme Court of Colorado
Original Application for Writ -of Mandamus. When the writ of mandamus was applied for in this case there was pending in the district court of Weld county a certain proceeding to adjudicate the priorities of right to the' use of water in Irrigation District No. 1. In that proceeding, petitioner being a party, made application to respondent, as judge of that court, for an order directing the referee to proceed and take such additional testimony as might be offered by…
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Original Application for Writ -of Mandamus. When the writ of mandamus was applied for in this case there was pending in the district court of Weld county a certain proceeding to adjudicate the priorities of right to the' use of water in Irrigation District No. 1. In that proceeding, petitioner being a party, made application to respondent, as judge of that court, for an order directing the referee to proceed and take such additional testimony as might be offered by petitioner relating to such priorities; respondent refused to make such order; and thereupon petitioner applied to this court for…
1Opinion of the CourtJustice Elliott
The application for a writ of mandamus in this proceeding requires the consideration of the irrigation acts of 1879 and *5971881, providing for the adjudication of priorities of right to the use of water for irrigation, and other legislative acts connected therewith. See Session Laws 1879, p. 94; also Session Laws 1881, p. 142.
By virtue of the act of 1879, jurisdiction attached to the district’court of Weld county to hear and determine priorities of right to the use of water for irrigation in Irrigation District No. 1, as originally constituted; and this jurisdiction was not interfered with…
2Cases cited2 opinions
- Fort Morgan Land & Canal Co. v. South Platte Ditch Co.Supreme Court of Colorado · 1892
- Saint v. GuerrerioSupreme Court of Colorado · 1892
3Cited by11 opinions
- Navajo Development Co. v. SandersonSupreme Court of Colorado · 1982
- Farmers' High Line & Reservoir Co. v. WolfColorado Court of Appeals · 1913
- Holbrook Irrigation District v. Fort Lyon Canal Co.Supreme Court of Colorado · 1928
- El Paso & R. I. Ry. Co. v. District Court of Fifth Judicial DistrictNew Mexico Supreme Court · 1931
- Combs v. Farmers' High Line Canal & Reservoir Co.Supreme Court of Colorado · 1906
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