Green Val. Ditch Co. v. Schneider
| Decision Date | 01 May 1911 |
| Citation | 115 P. 705,50 Colo. 606 |
| Parties | GREEN VALLEY DITCH CO. et al. v. SCHNEIDER. |
| Court | Colorado Supreme Court |
Appeal from District Court, City and County of Denver; Harry C Riddle, Judge.
Action by Emma M. Schneider against the Green Valley Ditch Company and others. Decree for complainant, and defendants appeal. Modified and affirmed.
Questions growing out of controversies between these parties, or some of them, have twice been before this court for determination. Schneider v. Schneider, 36 Colo. 518, 86 P. 347; Tegeler v Schneider, 114 P. 288. According to the findings and decree of the trial court, appellee commenced an action against some of the appellants to establish a right in a ditch or ditches controlled by the latter, and to the water conducted through such conduits, and also to establish her right to certain waste water. Later other defendants were brought in. All these parties filed a cross-complaint, the purpose of which was to fully settle the rights of the parties growing out of the subjectmatter of controversy. It was charged in the complaint that the defendants had willfully wasted the water flowing through the lateral ditch which supplied the waste water to which plaintiff claimed to be entitled by turning the water out of such lateral onto vacant lands. The issues involved were found in favor of appellants, except that plaintiff was entitled to the waste water from a ditch known as the Tegeler lateral, and also that she was the owner of a ditch designated as the 'Schneider ditch,' and the right of way therefor, approximately 20 feet in length and 2 feet in width, which was utilized by her to conserve the waste waters discharged from the Tegeler lateral, which appears to be connected with what is known as the Epperson ditch. This is the waste water involved.
On the subject of waste by the defendants in turning the water out of the Tegeler lateral, the court found: 'That the defendant Charles F. W. Tegeler has willfully and permissively wasted water from said Tegeler lateral, so as to prevent the same from flowing down to the said Schneider ditch.'
The court further found (quoting from the decree):
To continue reading
Request your trial
-
Thayer v. City of Rawlins
...307 P.2d 593 (1957). See gen., Clark, supra, at 459-460; Burkart v. Meiberg, 37 Colo. 187, 86 P. 98 (1906); Green Valley Ditch Co. v. Schneider, 50 Colo. 606, 115 P. 705 (1911); and Tongue Creek Orchard Co. v. Town of Orchard City, 131 Colo. 177, 280 P.2d 426 (1955). The lower landowner usi......
-
Smithfield West Bench Irr. Co. v. Union Central Life Ins. Co.
... ... of Section 16, and also as a waste ditch to catch and carry ... off the waste waters and seepage from the lands of ... 133; ... Lambeye v. Garcia, 18 Ariz. 178, 157 P. 977; ... Green Valley Ditch Co. v. Schneider, 50 Colo. 606, ... 115 P. 705; Sebern v ... ...
-
Metropolitan Denver Sewage Disposal Dist. No. 1 v. Farmers Reservoir & Irr. Co.
...the case of power water) in which a change of point of return may be enjoined, but this is not one of them. In Green Valley Ditch Co. v. Schneider, 50 Colo. 606, 115 P. 705 (1911) the Tegeler lateral carried waste water which plaintiff used. It was there held as 'Plaintiff's rights were lim......
-
City of Boulder v. Boulder & Left Hand Ditch Co.
...water cannot obtain a right against the water waster to compel continuation of the waste water discharge. See Green Valley Co. v. Schneider, 50 Colo. 606, 115 P. 705 (1911). Thus, at the time Metro Denver Sewage v. Farmers Reservoir, supra, arrived here, the posture of the law was that one ......