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eBook details

• Title: Alpha Corp. v. Denver-Greeley Valley Irrigation District
• Author : Colorado Supreme Court
• Release Date : January 07, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

[1, 2] One of several owners of water appropriated through the same ditch has the right, as against the other owners, to remove his water from the ditch and divert it at another place (Hallet v. Carpenter, 37 Colo. 30, 86 Pac. 317) or by other means (section 26, chapter 90, 35 C.S.A.). Such owner, who has changed his method of diversion from that of gravity flow through the headgate to that of pumping or otherwise raising the water from the river, still retains his right of carriage so that he may run his water in the ditch or in any portion of it theretofore used by him. The gravamen of the complaint, then, is not defendants substitution of pumping for gravity diversion through the headgate, or their carriage of the pumped water in a portion of the Mexican ditch, but rather the filling up of the ditch with sand and mud. Accordingly, the trial court having found: "That in pumping the water from the river into said ditch, a certain amount of sand, mud and sediment is pumped and deposited in said ditch, helping to fill and raise the bottom of same to a height sufficient to prevent the flow of plaintiffs water through and down said ditch to his land," the injunction, if granted at all, should not have been against the pumping, but against the wrongful filling of the ditch with sediment.

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