Coffin v. The Left Hand Ditch Company
case brief
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6 Colo. 443
CASE SYNOPSIS: Appellants challenged an
order of District Court of Boulder County (Colorado) that entered
judgment in favor of appellee in action for damages arising from
trespass and for injunctive relief to prevent repetitions thereof in
future when appellee's dam was torn out and its diversion of water
seriously interfered with by appellants.
FACTS: Appellee claimed to be the owner of certain water by virtue of an appropriation. Appellants were the owners of lands that were naturally irrigated by the same water. A portion of appellee's dam was torn out and its diversion of water seriously interfered with by appellants. Appellee brought an action for damages arising out of the trespass and for injunctive relief to prevent repetitions in the future. The trial court found in favor of appellee.
FACTS: Appellee claimed to be the owner of certain water by virtue of an appropriation. Appellants were the owners of lands that were naturally irrigated by the same water. A portion of appellee's dam was torn out and its diversion of water seriously interfered with by appellants. Appellee brought an action for damages arising out of the trespass and for injunctive relief to prevent repetitions in the future. The trial court found in favor of appellee.
HOLDING:
The court affirmed the decision and held that the common law doctrine that allowed the riparian owner the natural flow of the water over his lands was inapplicable.
ANALYSIS:
Instead, the court applied the rule that, in the absence of express statutes to the contrary, the first appropriator of water from a natural stream for a beneficial purpose had a prior right thereto.
CONCLUSION: The court affirmed the decision of the trial court when the court found that, in the absence of an express statute to the contrary, the first appropriator of water from a natural stream for a beneficial purpose had a prior right thereto, to the extent of such appropriation.
The court affirmed the decision and held that the common law doctrine that allowed the riparian owner the natural flow of the water over his lands was inapplicable.
ANALYSIS:
Instead, the court applied the rule that, in the absence of express statutes to the contrary, the first appropriator of water from a natural stream for a beneficial purpose had a prior right thereto.
CONCLUSION: The court affirmed the decision of the trial court when the court found that, in the absence of an express statute to the contrary, the first appropriator of water from a natural stream for a beneficial purpose had a prior right thereto, to the extent of such appropriation.
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