Taughenbaugh v. Clark
Colorado Court of Appeals
Appeal from the District Court of Grar field County. This was a proceeding by petition in the district court by appellants, the owners of the irrigating ditch, to reform the decree of the district court in declaring priorities and quantities to which different ditches were entitled, made in May, 1888, and for a readjustment of water rights and redistribution of the water in the district. The ditch of appellants took water from Beaver Creek.
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Appeal from the District Court of Grar field County. This was a proceeding by petition in the district court by appellants, the owners of the irrigating ditch, to reform the decree of the district court in declaring priorities and quantities to which different ditches were entitled, made in May, 1888, and for a readjustment of water rights and redistribution of the water in the district. The ditch of appellants took water from Beaver Creek. The defendants were proprietors of or interested in other ditches taking water from the same stream. In the original hearing and decree fixing the rights…
1Opinion of the CourtReed, P. J.
The controversy in this case arose, as in many others all over the state, in claiming and decreeing a' much greater quantity of water than the supply stream furnished. In nearly all decrees for water rights and the distribution of water, no account was taken of the supply from which the water was to be drawn. Beaver Creek, from which all the conflicting ditches were to be supplied, was of limited capacity, and the water allotted to either ditch would have exhausted it.
There was very little conflict in the testimony. Most of it was directed to ditch of appellants in an attempt to show *241that by…
2Cases cited6 opinions
- Sieber v. FrinkSupreme Court of Colorado · 1883
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
- Larimer County Reservoir Co. v. People ex rel. LutheSupreme Court of Colorado · 1885
- Thomas v. GuiraudSupreme Court of Colorado · 1883
- McDonald v. Bear River & Auburn Water & Mining Co.California Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fruitland Irrigation Co. v. KruemlingSupreme Court of Colorado · 1916
- In Re Determination of Water Rights of Owyhee RiverOregon Supreme Court · 1927
- In re Waters of Umatilla RiverOregon Supreme Court · 1917