Holbrook Irr. Dist. v. Arkansas Valley Sugar Beet & Irrigated Land Co.

SYMES, District Judge.

This action was started in the district court for Bent county, Colo., and was removed here by reason of diversity of citizenship. Broadly speaking, it involves an adjudication of water rights between two ditches in different water districts of the same water division. It is equitable in nature, in that complainant asks its decreed priority be quieted, and adjudged senior to defendant’s decreed priority of an earlier date, and for general injunctive relief.

The matter is now before the court on the defendant’s motion to dismiss the bill. This tests the sufficiency in law…