Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 34

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: not applicable to the water of a spring which constitutes the source of one of the branches of a natural stream the water of which had been appropriated prior to the enactment of the law. Appeal from the District Court of Saguache County: Hon. Charles C. Holbrook, Judge. Mr. IRA J. BLOOMFIELD, for appellants. Mr. Joan W. DAVIDSON and Mr. W. E. Cox, for appellees. Mr. JL'sr1ci' STEELE delivered the opinion of the court. An adjudication of priorities to the use of water in water district No. 26 was had'in the district court of Saguache county, the final decree being entered in the year 1889. This decree confirmed to Ashley and his associates appropriations made by them of the water of Saguache creek and its tributaries. The appropriations were made during the years 1871 and 1872. In the year 1877, John F. Schaller entered certain lands in Saguache county on which springs known as the Schaller springs rise. In the adjudication Schaller appeared, offered proof, and obtained decrees for the ditches known as the Schaller ditch No. 1 and the Schaller ditch No. 2. He also claimed the water of the Schaller springs, but no adjudication was made with reference thereto. The decrees granted Schaller are later than those granted Ashley and his associates. The Clarks are owners'of the lands where the springs rise through mesne conveyances from Schaller. Claiming that the water of these springs have always flowed in a well-defined channel from where they rise into Saguache creek, and that the water flowing from the springs is known as the Schaller Springs Branch of Saguache creek and is one of the tributaries of Saguache creek, that the Clarks were using the water without right or authority of law and in violation of prior rights, Ashley and his...
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Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • English
  • Illustrations, black and white
  • 1236983815
  • 9781236983817