Hartman v. Tresise
Supreme Court of Colorado
Appeal from the District Court of Gunnison County. Hon. Theron Stevens, Judge. Action by A. Hartman against George Tresise. From a judgment in favor of defendant, plaintiff appeals. Decision en banc. Chief Justice Gabbert, Mr. Justice Goddard and Mr. Justice Maxwell concur. Mr. Justice Gunter concurs specially. Mr. Justice Steele and Mr. Justice Bailey dissent.
1Opinion of the CourtJustice Campbell
The conclusion reached by the trial court is not tenable. The section of the constitution relied upon declares the unappropriated waters of our natural streams to be the property of the public, and dedicates the same to the use of the people of the state, subject to appropriation, as in that instrument provided; and the following section provides that the right to divert the same to beneficial uses shall never be denied. It is this right of appropriation which the general government has recognized and confirmed, and subject to which its grants of public lands in the arid states since 1866…
2Cases cited5 opinions
- Holyoke Co. v. LymanSupreme Court of the United States · 1873
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Griffith v. HolmanWashington Supreme Court · 1900
- New England Trout & Salmon Club v. MatherSupreme Court of Vermont · 1895
- Rockefeller v. LamoraAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by20 opinions
- State Ex Rel. State Game Commission v. Red River Valley Co.New Mexico Supreme Court · 1945
- Ferry Pass Inspectors' & Shippers' Ass'n v. Whites River Inspectors' & Shippers' Ass'nSupreme Court of Florida · 1909
- State v. Southwestern Colorado Water Conservation DistrictSupreme Court of Colorado · 1983
- Herrin v. SutherlandMontana Supreme Court · 1925
- People v. EmmertSupreme Court of Colorado · 1979
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