(DOWNLOAD) "People V. Highland Irrigation Co." by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Highland Irrigation Co.
- Author : Colorado Supreme Court
- Release Date : January 03, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
This appeal is from a judgment of the District Court for Water Division 2 enjoining appellants, two upstream mutual ditch companies holding junior priorities, The Highland Irrigation Company (Highland) and The Nine Mile Canal Company (Nine Mile), from any continued violation of diversion curtailment orders issued by the Division Engineer (Engineer). The curtailment orders were issued under section 37-92-502, 15 C.R.S. (1990), to enforce a call by owners of senior priorities downstream of John Martin Reservoir on the Arkansas River. In our previous decision, Colorado ex rel. Simpson v. Highland Irrigation Co., 893 P.2d 122 (Colo. 1995), we reversed the water court's determination that Highland and Nine Mile lacked standing to pursue an affirmative defense to the Engineer's enforcement orders posited on the Arkansas River Compact, chapter 155, 63 Stat. 145 (1949), section 37-69-101, 15 C.R.S. (1990), (the Compact). On remand, that defense was examined and rejected by the water court. The court ruled in favor of the state appellees, the Division and State Engineers. Pursuant to section 37-92-503, 15 C.R.S. (1990), the water court entered a judgment which included an injunction against further violation of the Engineers orders and an award of costs and reasonable attorneys fees against Highland and Nine Mile. We affirm the judgment.