The Pacific Reporter Volume 156

The Pacific Reporter Volume 156

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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. 1916 edition. Excerpt: ...and the admission and rejection of testimony have not been considered. The judgment is reversed. Reversed. GABBERT, C. J., and TELLER, J., concur. (61 Colo. 125) WEILAND, Stnte Engineer, et al. v. REORGANIZED CATLIN CONSOL. CANAL CO. (No. 8355.) (Supreme Court of Colorado. April 3, 1916.) Courts S=475(9)--Adjudication Of Water RionTS--Jurisdiction. Rev. St. 1908, 3276, vests exclusive jurisdiction in the district court of the proper county to hear, adjudicate, and settle all questions concerning priorities of appropriation between persons taking water from the same stream or its tributaries within the same water district. Section 3l!L'0 authorizes any party desirous of changing the point of diversion of his right to use water to present a petition to the district court from which the original decree issued, praying that such change be granted. Section 3432 makes it the duty of the water commissioner of a water district to distribute the water in his district according to the priority of right as established by decrees adjudicating such priori ties. Sections 3335 and 3344 give division engineers general control over water commissioners and make it their duty to direct the distribution of water in accordance with rights as established by decrees. Held, that a suit against water officials alone to restrain them from interfering with the flow of water other than to deliver it to plaintiff at such times as he was entitled to receive it under a decree changing the point of diversion, and to set aside all official orders directing that such decree be administered in any other manner than as claimed by plnintiff, and to require the delivery to plaintiff of such water, pursuant to the terms of such decree, could not be maintained in a..."
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Product details

  • Paperback | 1194 pages
  • 189 x 246 x 59mm | 2,082g
  • United States
  • English
  • black & white illustrations
  • 1236806158
  • 9781236806154