Combs v. Agricultural Ditch Co.
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Appeal from a judgment denying an application for a writ of mandamus. The following provisions of the constitution are referred to in the opinion: Article 16. “ Sec. 5. The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.
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Appeal from District Court of Arapahoe County. Appeal from a judgment denying an application for a writ of mandamus. The following provisions of the constitution are referred to in the opinion: Article 16. “ Sec. 5. The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided. “ Sec. 6. The right to divert unappropriated waters of any natural stream to beneficial uses shall never be denied.…
1Opinion of the CourtJustice Elliott
The writ of mandamus has been held to be an appropriate remedy to compel the delivery of water for purposes of irrigation. In the case of The Golden Canal Co. v. Bright, 8 *148Colo. 144, a judgment awarding the writ was reviewed upon error in this court and affirmed. In the case of Wheeler v. Northern Colo. Irrigation Co., 10 Colo. 582, a judgment denying the writ was reviewed upon appeal by this court and reversed. In the latter case, however, the appeal was prosecuted under the. special appeals acts of 1885, Session Laws, p. 350.
Whether judgments in cases of this kind are appealable under the…
2Cases cited4 opinions
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1887
- Golden Canal Co. v. BrightSupreme Court of Colorado · 1884
- Robert E. Lee S. M. Co. v. EnglebachSupreme Court of Colorado · 1892
3Cited by44 opinions
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Santa Fe Trail Ranches Property Owners Ass'n v. SimpsonSupreme Court of Colorado · 1999
- Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
- Farmers Independent Ditch Co. v. Agricultural Ditch Co.Supreme Court of Colorado · 1896
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
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