Wyatt v. Larimer & Weld Irrigation Co.
Supreme Court of Colorado
Appeal from. the Oourt of Appeals; original appeal being from the District Oourt of Weld Gounty. The appellants suing for themselves and also on behalf of all other users of water, except the defendants, who obtain their supply from the canal of defendant, The Larimer and Weld Irrigation Company, by virtue of the water right contracts issued by said company, brought this action in the district court of Weld county to enjoin the company from selling additional water rights or…
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Appeal from. the Oourt of Appeals; original appeal being from the District Oourt of Weld Gounty. The appellants suing for themselves and also on behalf of all other users of water, except the defendants, who obtain their supply from the canal of defendant, The Larimer and Weld Irrigation Company, by virtue of the water right contracts issued by said company, brought this action in the district court of Weld county to enjoin the company from selling additional water rights or entering into further water right contracts providing for the prorating of the water flowing in its canal. The…
1Opinion of the CourtJustice Goddard
• The right to the relief demanded in this action is predicated upon, and must be determined by, the terms of the contracts entered into, by the respective parties; and while those contractual rights are analogous to the rights guaranteed by the constitution to appropriators of water, the action involves only the construction of private contracts between the ditch company and the plaintiffs, and no constitutional question is involved in the decision of the case. The jurisdiction of this court by appeal, therefore, depends solely upon the question whether the action relates to a freehold.
It is…
2Cases cited4 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
- Combs v. Agricultural Ditch Co.Supreme Court of Colorado · 1892
3Cited by65 opinions
- Wyoming v. ColoradoSupreme Court of the United States · 1922
- City of Thornton v. Bijou Irrigation Co.Supreme Court of Colorado · 1996
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
- Radke v. Union Pacific Railroad CompanySupreme Court of Colorado · 1959
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