Lamar Canal Co. v. Amity Land & Irrigation Co.
Supreme Court of Colorado
Appeal from, the District Court of Bent County. Under the procedure provided for that purpose in the act of 1881, the district court of Bent county, in adjudicating the priorities to the use of water for irrigation hi district No. 67, rendered a decree, which, inter alia, awarded to the canal owned by the appellant priority No. 9 as of date December 3, 1897, and to the canal of appellee, the Amity Land and Irrigation Company, priority No. 7 as of date February 21, 1887.…
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Appeal from, the District Court of Bent County. Under the procedure provided for that purpose in the act of 1881, the district court of Bent county, in adjudicating the priorities to the use of water for irrigation hi district No. 67, rendered a decree, which, inter alia, awarded to the canal owned by the appellant priority No. 9 as of date December 3, 1897, and to the canal of appellee, the Amity Land and Irrigation Company, priority No. 7 as of date February 21, 1887. From'the findings of fact as made by the referee and approved by the court, it appears that the work of construction on the…
1Opinion of the CourtChief Justice Campbell
Several important and difficult questions of irrigation law have been elaborately argued, but the disposition we make of one, that goes to the heart of the controversy and settles it, so far as concerns this review, renders unnecessary a consideration of the others. The date of priorities was established in accordance with the supposed direction of the concluding sentence of section 2 of the foregoing act. Not having made the record required in that section until after appellee’s rights became thereby, as it is said, perfected, appellant’s priority was fixed as of the date when its record was…
2Cases cited1 opinion
- In re BreeneSupreme Court of Colorado · 1890
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- Bieser v. StoddardSupreme Court of Colorado · 1923
- Blake v. BoyeSupreme Court of Colorado · 1906
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