Water Supply & Storage Co. v. Larimer & Weld Reservoir Co.
Supreme Court of Colorado
Error to the Court of Appeals. The Water Supply and Storage Company commenced this action in the district court of Larimer County against the Larimer and Weld Reservoir Company and R. Q. Tenney, water commissioner. For convenience, the Water Supply and Storage Company will be mentioned as the storage company, and the Larimer and Weld Reservoir Company as the reservoir company.
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Error to the Court of Appeals. The Water Supply and Storage Company commenced this action in the district court of Larimer County against the Larimer and Weld Reservoir Company and R. Q. Tenney, water commissioner. For convenience, the Water Supply and Storage Company will be mentioned as the storage company, and the Larimer and Weld Reservoir Company as the reservoir company. In its complaint, the storage company alleged that it is the owner of the Larimer county ditch, to which a priority has been awarded from the Cache la Poudre river; that the reservoir company owns a reservoir, known as…
1Opinion of the CourtJustice Gabbert
The court of appeals, in passing upon the questions presented by the record in this case, held that a reservoir company taking water for storage, from a tributary, is not liable to be enjoined from so doing at the suit of an appropriator of water from the main stream above the mouth of the tributary,, for the reason that the diversion by the former could not injure the latter; and also held, that the right of appropriators below the point where such tributary joins the main stream cannot be determined except in a proceeding to which they are parties; and stated in the opinion, that it did not…
2Cited by10 opinions
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Las Animas Consolidated Canal Co. v. HinderliderSupreme Court of Colorado · 1937
- La Jara Creamery & Live Stock Ass'n v. HansenSupreme Court of Colorado · 1905
- Comstock v. Larimer & Weld Reservoir Co.Supreme Court of Colorado · 1914
- Dannenbrink v. BurgerCalifornia Court of Appeal · 1913
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