Yunker v. Nichols
Supreme Court of Colorado
Error to District Court, Arapahoe County. Yuhkee brought au action of trespass on the case against Nichols, for diverting water from an irrigating ditch leading from Bear Creek to the plaintiff’s farm.
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Error to District Court, Arapahoe County. Yuhkee brought au action of trespass on the case against Nichols, for diverting water from an irrigating ditch leading from Bear Creek to the plaintiff’s farm. It appeared that the ditch was constructed in the spring of the year 1871, by the plaintiff, the defendant and one John Bell, under an agreement that they would share equally in the water conveyed thereby, such water to be used in irrigating the lands of the several parties respectively. After the ditch had been constructed to and across the defendant’s land, so as to communicate and supply…
1Opinion of the CourtHallett, C. J.
In England, and in this country, it is considered that the right of one person to conduct water over the land of another is an interest in real estate, which must be conveyed by deed in compliance with the terms of the statute of frauds. In countries where the humidity of the climate is sufficient to supply moisture to plants, there can be no reason for distinguishing this from other ease-*553meats in the soil, and therefore the law of England, and of most of our States on this point will be found in the general rules relating to real property.
The principles of the law are undoubtedly of…
2Cases cited12 opinions
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3Cited by50 opinions
- Wyoming v. ColoradoSupreme Court of the United States · 1922
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- Dallas Creek Water Co. v. HueySupreme Court of Colorado · 1997
- Tonko v. MallowSupreme Court of Colorado · 2007
- United States v. City & County of Denver Ex Rel. Board of Water CommissionersSupreme Court of Colorado · 1982
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