City of Colorado Springs v. Bender

This action was brought in the district court by the above named defendants in error against the plaintiffs in error for an injunction restraining the latter from diverting water from certain underground water resources in alleged violation of the rights of prior appropriation claimed by plaintiffs. They also sought damages. We will refer to defendants in error as “plaintiffs” or “Bender,” and to plaintiffs in error by name or as “defendants” or “the city.” The issues presented on this writ of error relate only to the injunction granted; the claim for damages having been reserved for further…