Farmers Water Development Company v. Barrett

Opinion by

Mr. Justice Sutton.

This is an action to determine whether the Board of County Commissioners of San Miguel County may set charges for water carriage for plaintiff in error under the facts disclosed in this record. We shall refer to the plaintiff in error as plaintiff; to the various defendants in error who are individual water users as the defendants, and to the Board of County Commissioners and its membership as the Board. We note that the Board and its members are only nominal defendants.

The record discloses that in 1897 The Naturita Ditch Company (whose name was later changed to…