§ 572. Same.-Assessments.-When Compelled to Furnish Water.-Sec. 310 provides that such corporation shall have power to make an assessment on the capital stock thereof. But no such assessment shall be made unless the question of making the same shall first be submitted to the stockholders of said corporation. "Sec. 311. Any company constructing a ditch under the provisions of this Act shall furnish water to the class of persons using the water in the way named in the certificate, in the way the water is designated to be used, whether miners, mill men, farmers or for domestic use, whenever they shall have water in their ditch unsold, and shall at all times give the preference to use of the water in said ditch to the class named in the certificate; the rates at which water shall be furnished to be fixed by the County Commissioners as soon as such ditch shall be completed and prepared to furnish water." 1 Sec. 312 provides that every ditch company organized under the provisions of the Act shall be required to keep its ditch in good condition so that the water shall not be allowed to escape from the same to the injury of any mining claim, road, ditch, or other property; and the company must flume the ditch so far as necessary to protect property from the water of the same.2 The priority of right mentioned in this section is only acquired by priority of appropriation. Coffin vs.Left Hand Ditch Co. 6 Colo.447. 1 This section expressly commands ditch companies, having water in their canals not taken, to furnish the same to the class of persons using it in the manner named in the articles of incorporation; the declaration therein that this rate shall be fixed by the County Commissioners must be taken with the constitutional condition attached. Wheeler vs. North Colo. Ir. Co., 10 Colo. 595; Combs vs. Agricultural Ditch Co., 17 Colo. 196. 2 It has been held by the Supreme Court that a ditch company is liable for damages caused by allowing water to overflow the banks of its ditch and flood the lands of others. The liability arises from failing to exercise ordinary care in preventing the escape of the water. Platte & Denver Ditch Co. vs. Anderson, 8 Colo. 131; Denver City Irrigation & Water Co. vs. Middaugh, 12 Colo 443. Greely Irrigating Co.vs. House, 14 Colo. 549. See Cush A provision is also made for the consolidation of ditch companies which derive their supply of water for their respective ditches or canals from the same head-gate or gates or from the same source or sources of supply. Sec. 314 provides that any company formed for the purpose of constructing a ditch shall within ninety days from the date of its certificate, commence work on such ditch and shall prosecute the same with due diligence until the same is completed, and the time of completion of any such ditch shall not extend beyond the period of two years from the time work was commenced; and any company failing in these requirements shall forfeit all right to the water so claimed, and the same shall be subject to be claimed by any other company. Sec. 338, as amended, provides for the right to condemn lands by any corporation for the right-of-way for ditches or canals or for any lawful purpose connected with the operations of the company.1 § 573. Riparian Rights in Colorado.-The statutes of Colorado seem to entirely ignore the riparian rights as known under the common law, of persons owning lands through which or adjoining which streams flow. In the case of Coffin us. Left Hand Ditch Co.2 it was held that the doctrine of prior appropriation had existed from the earliest appropriations of water within the boundaries of the State. And it was also held that the common law doctrine of riparian rights was unsuited to that State.3 man vs. Highland D. Co., Colo. App., 33 Pac. Rep. 344, as to liability for pollution. 1 As to the right of stockholders to change point of diversion from one ranch to another, see Knowls vs. Clear Creek P. R. & M. O. Co. (Colo.), 32 Pac. Rep. 279. As to damages to individual stockholders for loss of crops, see Eaton vs. Larimer & W. Res. Co. As to injunction against corpor- 26 Colo. 443. 3 See case of Hammond vs. Rose II Colo. 524; Thomas vs. Guirard, 6 Colo. 530; Armstrong vs. Larimer D. Co. 1 Colo. App. 49. INDEX. [The references are to the Sections.] A. ABANDONMENT, DOCTRINE OF. (See Appropriation; Sale of Water Rights.) Express Abandonment, 253. By failure to complete works, 253. May be made of part of the water all of the time, 254. May be made of all or part of the water part of the time, 254. ture it is abandonment, 254. Is made by a verbal sale, 253. Implied abandonment, 255. Abandonment when presumed, 257, 258. May be made of part of the water all the time, 254.1 May be made of all or part of the water part of the time, 254. Effect of an abandonment, 259. Subsequent appropriators may take waters abandoned, 259. ABATEMENT. (See Nuisance; Actions; Remedies.) Abatement of nuisance, 333. ACCELERATION. (See Riparian Proprietors; Riparian Rights.) Of flow of stream, 61. ACCESS. (See Accretion; Riparian Rights.) Private right of, defined, 64. Right of, not lost by accretions, 82. ACCRETIONS. (See Access.) Belong to riparian owners, 82. ACEQUIAS. Construction and management of, in New Mexico, 539-542. Construction and management of, in Arizona, 533-535- Overseers of, and their duties, 535-541. (See Arizona; New Mexico.) ACTIONS. (See Remedies, Damages, Injuries.) Will lie if positive injury is caused, 249. Right of, under common law, for diminution of water, 75. For damages caused by ditches, 324, 325. For damages for unlawful diversion, 326, 330, 331. Parties to, for damages, 327. For the abatement of a nuisance, will lie when, 333- In Equity, 329-337. To compel ditch companies to furnish water, 335. To restrain unlawful diversion of water, 330, 331, 332. For confirmation of organization of irrigation district, 392. To restrain pollution of waters, 252, 350-352. (See Damages; Remedies; Pollution; Diversion.) ACT OF GOD. When a defence for injury, 314, 315, 324. What is an, 314, 315, 324. ADVERSE POSSESSION. (See Abandonment; Prescription; Abandonment.) ADVERSE USER. (See Prescription; Abandonment.) AFRICA. Irrigation in, 19. Egypt, 10, 11, 19. Sahara Desert, 19. French Algeria, 19. |