Boulder & Weld County Ditch Co. v. Lower Boulder Ditch Co.

This action was brought to obtain a decree adjudging to the plaintiffs the ownership of a right to the use of a designated quantity of water diverted from the natural stream of Middle Boulder creek, of which, it is alleged, the defendants had wrongfully deprived them. There are two causes of action set out in the amended complaint, the first of which grounds plaintiffs’ rights upon a decree of court duly ren*116dered by the district court of Boulder county in certain proceedings under the irrigation statutes of 1879-1881. The second cause of action disregards the decree, and bases the right of…