Platte Valley Irrigation Co. v. Buckers Irrigation, Milling & Improvement Co.
Supreme Court of Colorado
JError to the 'District Court of Weld County. ■ » The 'Platte Valley Irrigation Company is the owner of Evans Ditch No. 2, taking water from the South Platte river; the Buckers Irrigation, Milling- and Improvement Company owns a ditch, known as the Buckers, which draws its supply from the same source, below the point of diversion by the Evans. Below the head-gate of the Buckers is located the intake of the Farmers’ Independent Ditch, drawing its supply from the same source.
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JError to the 'District Court of Weld County. ■ » The 'Platte Valley Irrigation Company is the owner of Evans Ditch No. 2, taking water from the South Platte river; the Buckers Irrigation, Milling- and Improvement Company owns a ditch, known as the Buckers, which draws its supply from the same source, below the point of diversion by the Evans. Below the head-gate of the Buckers is located the intake of the Farmers’ Independent Ditch, drawing its supply from the same source. By adjudication proceedings, the priorities of these ditches have been relatively determined as follows:…
1Opinion of the CourtJustice Gabbeet
The water diverted by defendants through the Beaver lake ditch and its feeders cannot be utilized by the plaintiff *81through the Evans, and the latter cannot maintain this action unless from the established facts it appears it has a right to the waters of the stream of which it is being deprived by the defendants, or that the ditches which it seeks to have abated are in some manner interfering with or depriving it of rights which it would otherwise enjoy, as an appropriator from the river, or require it to surrender rights to the use of water which it should not, for the purpose of supplying…
2Cases cited1 opinion
- Strickler v. City of Colorado SpringsSupreme Court of Colorado · 1891
3Cited by33 opinions
- City of Thornton v. Bijou Irrigation Co.Supreme Court of Colorado · 1996
- Comstock v. RamsaySupreme Court of Colorado · 1913
- State v. Southwestern Colorado Water Conservation DistrictSupreme Court of Colorado · 1983
- Dehaas v. BeneschSupreme Court of Colorado · 1947
- Miller v. WheelerWashington Supreme Court · 1909
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