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Coffin v. Left Hand Ditch Co.

Supreme Court of Colorado

6 Colo. 443 (1882)

Relevant factsFree

Left Hand Ditch Co. (plaintiff) diverted water from St. Vrain creek, through James creek, to Left Hand creek via a dam and ditch system; Coffin (defendant), who owned downstream land along St. Vrain creek, found his irrigation water reduced by the diversion and tore down part of the dam. Left Hand sued for trespass damages and an injunction; Coffin argued his riparian rights, acquired before Colorado's prior-appropriation statute, entitled him to the water regardless of the diversion to a different watershed, and the trial court ruled for Left Hand.

IssueFree

Whether, under Colorado law, the first party to put water to productive use gains enforceable property rights in the quantity of water used, even if the water is put to use on land in a different watershed.

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