Farmers' High Line Canal & Reservoir Co. v. Southworth
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The Pacts in this case necessary to a correct understanding of the opinions are sufficiently stated therein.
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Appeal from District Court of Arapahoe County. The Pacts in this case necessary to a correct understanding of the opinions are sufficiently stated therein. The constitutional and statutory provisions considered at length by the court are as follows: Const., art. 16, § 5: “The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.” “ Sec. 6. The right to divert unappropriated waters of any…
1Opinion of the CourtJustice Hayt
It is alleged in the complaint that the ditch through which all the parties to this action i’eceive water for irrigation “is composed of two ditches, the upper one formerly known as the ‘ Golden Canal ’ and the lower one formerly known as the “'Extension ditch.’ ” It does not, however, appear that these two ditches were constructed at the same time, nor whether water was diverted from the natural stream, which is the common source of supply, through both ditches, the same season or upon different seasons.
If, as the language seems to indicate, the lower ditch is merely an extension of the…
2Cases cited4 opinions
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- Thomas v. GuiraudSupreme Court of Colorado · 1883
- Schilling v. RomingerSupreme Court of Colorado · 1878
- Rominger v. SquiresSupreme Court of Colorado · 1886
3Cited by50 opinions
- Nebraska v. WyomingSupreme Court of the United States · 1945
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Santa Fe Trail Ranches Property Owners Ass'n v. SimpsonSupreme Court of Colorado · 1999
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
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