The Baer Bros. Land & Cattle Co. v. Wilson
Supreme Court of Colorado
Appeal frtim the District Court of Bio Blanco County. Hon. John T. Shumate, Judge. Action by Tbe Baer Brothers Land and Cattle Company against H. T. Wilson, A. D. Qnimet, B. C. Howey and.H. S. Howey, for permission to change the point of diversion of the water of a stream. From a judgment denying the application, the applicant appeals.
1Opinion of the Court
.Mr. Justice Bailey
delivered the opinion of the court:
This matter grows out of the application of appellant to change the point of diversion of the water of Flag Creek, appropriated by the B. A. & B. Ditch, to a point two and one-fourth miles up the creek from the location of the original headgate. The application was denied by. the district court. The appellant desires the judgment- of the district court to be reversed, because it is not supported by the testimony.
The rule is, that one entitled to divert water from any of the natural streams óf this state may-change the point of diversion if…
2Cases cited1 opinion
- Handy Ditch Co. v. Louden Irrigating Canal Co.Supreme Court of Colorado · 1900
3Cited by8 opinions
- Farmers Highline Canal & Reservoir Co. v. City of GoldenSupreme Court of Colorado · 1954
- Comstock v. RamsaySupreme Court of Colorado · 1913
- Vogel v. Minnesota Canal & Reservoir Co.Supreme Court of Colorado · 1910
- Bennett v. NourseIdaho Supreme Court · 1912
- Fort Collins Milling & Elevator Co. v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1914
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