Beaver Brook Reservoir & Canal Co. v. St. Vrain Reservoir & Fish Co.
Colorado Court of Appeals
Appeal from the District Court of Boulder County. This was a suit in equity by appellee against appellants, and a controversy over the right to the possession of land in the mountains as a reservoir site for the storage of water to be used for irrigating agricultural lands some distance below; Beaver Brook, the source of water supply for the reservoir, being a tributary of the St. Vrain river.
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Appeal from the District Court of Boulder County. This was a suit in equity by appellee against appellants, and a controversy over the right to the possession of land in the mountains as a reservoir site for the storage of water to be used for irrigating agricultural lands some distance below; Beaver Brook, the source of water supply for the reservoir, being a tributary of the St. Vrain river. Until the year 1889, all the land in controversy was public domain, the property of the United States. Sometime in the year 1882 Beach Brothers commenced the construction of a dam to make the reservoir.…
1Opinion of the CourtReed, P. J.
Preliminary to the discussion of the legal questions involved, I may be permitted, briefly, to call attention to some *133of the peculiar features of the case and facts evincing the intention and motives of the appellant Fifer, from whom the appellant corporation claimed to have acquired title to the propertjr in controversy.
The land taken by him as a homestead for agricultural purposes under the act of congress was, as shown by the evidence, a beaver swamp in the valley of the stream, so much of a bog as to render it almost inaccessible, producing a coarse sedge grass so poor in quality that…
2Cases cited10 opinions
- Basey v. GallagherSupreme Court of the United States · 1875
- Broder v. Water Co.Supreme Court of the United States · 1879
- Richardson v. McNultyCalifornia Supreme Court · 1864
- Judson v. MalloyCalifornia Supreme Court · 1870
- Gillett v. JohnsonSupreme Court of Connecticut · 1861
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3Cited by3 opinions
- Farmers Reservoir & Irrigation Co. v. Fulton Irrigating Ditch Co.Supreme Court of Colorado · 1941
- In Re Cancellation of the Stabio Ditch Water Right on Spearfish CreekSouth Dakota Supreme Court · 1987
- In Re Cancellation of the Stabio Ditch Water Right on Spearfish CreekSouth Dakota Supreme Court · 1987