South Boulder Canon Ditch Co. v. Davidson Ditch & Reservoir Co.

In June, 1882, the district court in a water adjudication in Water District No. 6 decreed to the predecessor of the plaintiff in error priority 21 for 26.37 cubic feet of water per second of time as of 1870 and priority 24 for 192 second feet as of 1871 from South Boulder Creek and other streams in said district. The defendants in error, junior appropriators on the stream, brought this suit in the district court against plaintiff in error seeking a decree enjoining’ the use by the plaintiff in error of all except 66 second feet of its decreed water on the ground that the remainder had been…