(DOWNLOAD) "Enlarged Southside Irrigation Ditch Co. v. Johns Flood Ditch Co." by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Enlarged Southside Irrigation Ditch Co. v. Johns Flood Ditch Co.
- Author : Colorado Supreme Court
- Release Date : January 30, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
There is no substantial conflict in the evidence, and reversal is here sought on the ground that the change would result in an enlarged use of the priorities diverted through the Johns Flood Ditch, and a consequent increased burden on the stream. The evidence fails to support this contention and is convincing to the contrary. If any change results from the diversion further upstream, as the trial court found, it will be an increased loss of water through seepage back to the river to the advantage of the Hoehne ditch. In fact, the complaint of the protesting ditches is not of increased use as a result of the change of the point of diversion, but rather of increased use as a result of the employment of the Johns Flood Ditch water through the Model ditch and reservoir in the irrigation of lands of the Model Company in addition, as is charged, to its former burden of irrigating valley lands. The fact that change of point of diversion may necessitate measurement to assure that none of the water is wrongfully retained in the Model ditch is not sufficient reason for denying change. The possibility that the water may be diverted in excess of the needs of the lands formerly irrigated by it and such excess used for the irrigation of distant Model Company lands is not created by the change of point of diversion and would not be prevented by its denial, but inevitably would result from the extension of the Johns Flood Ditch to the Model reservoir in 1919. Further, the judgment entered by the trial court requires that all waters so diverted through the new point of diversion be turned back into the Johns Flood Ditch at a point above where any irrigation thereby is practiced.