Legal Opinion

O'Brien v. King

Supreme Court of Colorado

Decided September 15, 1907No. 4952PublishedCited by 12 opinions

Appeal from the District Court of Douglas County. Hon. Louis W. Cunningham, Judge. Action by Thomas J. King against Pleasant W. O’Brien. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtJustice Goddard

This is a controversy over the right to the use of water from East Plum creek. The facts presented by the record proper are, in substance, as follows:

On December 10, 1883, the appellant, defendant below, was awarded a decree as owner of a ditch named “The Castle Rock ditch,” taking its supply of water from East Plum creek, for two cubic feet of water per second of time', to be used for the irrigation of lands, and for domestic purposes. The appropriation for which this decree was award.ed dates from April 1,1880. In the month of November, 1899, the appellant procured a decree permitting him…

2Cases cited3 opinions

  1. Boulder & Weld County Ditch Co. v. Lower Boulder Ditch Co.Supreme Court of Colorado · 1896
  2. Platte Valley Irrigation Co. v. Central Trust Co.Supreme Court of Colorado · 1904
  3. Water Supply & Storage Co. v. Larimer & Weld Irrigaton Co.Supreme Court of Colorado · 1897

3Cited by12 opinions

  1. Hallenbeck v. Granby Ditch and Reservoir CompanySupreme Court of Colorado · 1966
  2. Bijou Irrigation District v. Weldon Valley Ditch Co.Supreme Court of Colorado · 1919
  3. Arnold v. RoupSupreme Court of Colorado · 1916
  4. Rogers v. Nevada Canal Co.Supreme Court of Colorado · 1915
  5. Bieser v. StoddardSupreme Court of Colorado · 1923

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